Assault Occasioning Actual Bodily Harm S47 Flashcards
What is Actus Reus of s47
Assault or battery that causes actual bodily harm
Does OAPA provide a definition?
No it has been developed through case law
Who must establish the existence of an assault or battery
Prosecution
What is actual bodily harm according to Miller
Any hurt or injury calculated to interfere with the health or comfort of the victim
Which case states any hurt or injury can include loss of consciousness
T v DPP
Does harm have to be serious
No it can be a cut or a bruise
Which case indicates cutting a victims hair can amount to ABH
DPP v smith
But it must be a substantial amount of hair the court held physical pain is not necessary
What did chan fook indicate
Harm can include psychiatric injury but it must be a recognised clinical condition
Will strong emotions suffice as mental pain
No
What must the ABH be caused by
The assault of battery
Which case indicated bodily harm may be indirectly applied
DPP v K
What is the men’s tea requires for s47
Intention or recklessness for the assault or battery NOT for the harm caused
What type of crime is s47
Bic
It is not necessary to prove that D intended or was reckless about causing ABH stated in which case
Parmenter and savage
What is assault occasioning actual bodily harm also know as
Aggravated assault
