Assault Occasioning ABH

Question 1

Charged under

Answer 1

s47 OAPA 1861

Question 2

Tried in

Answer 2

Magistrates or Crown Court

Question 3

AR (1/3) Starter offence

Answer 3

Assault or battery must be present.

Question 4

AR (2/3) Occasioning

Answer 4

Rules of causation.
Factual (R v Padgett) “but for”

Legal (R v Benge) D’s acts do not need to be the sole cause of the harm but more than
minimal

Intervening acts:
Third party (R v Padgett)
Victims own acts (R v Roberts) - not broken unless disproportionate
Thin skull test (R v Blaue)

Question 5

AR (3/3) ABH definition
(3 cases)

Answer 5

“Any hurt or injury calculated to interfere with the health or comfort of the victim)
(R v Chan Fook) - psychiatric harm
(T v DPP) - brief loss of consciousness
(DPP v Smith) - cutting hair

Question 6

MR

Answer 6

Intention or recklessness as to the assault or battery.