Assault occasioning ABH Flashcards
1
Q
Assault Occasioning ABH
A
-Under S47 OAPA 1861
-Liable for imprisonment up to 5 years
-Triable-either way offence
2
Q
Actus Reus
A
Elements:
-Assault
-Occasioning
-Actual bodily harm
3
Q
Unlawful Force and Consent
A
-Defence of self defence or consent is appropriate
-With absent reasoning, Consent may not be a defence. R v Brown
4
Q
The word ‘occasioning’
A
Means to Cause
5
Q
Actual Bodily harm
A
R v Miller - Any hurt or injury calculated to interfere with the health or comfort of the victim
6
Q
Mens Rea
A
-Mens rea for underlying Assault or battery is sufficient
