Non- Fatal Offences : Assault Ocassioning ABH

Question 1

Assault Occasioning ABH - S.47 OAPA 1861

ABH intro

Answer 1

The D may be guilty of S.47 Assault Ocassioning ABH Offences against the persons Act 1861. The actus reus of this offence is; Assault, Ocassioning, ABH

Question 2

Assault Occasioning ABH - S.47 OAPA 1861.

Which ever applies to the scenario- Assault

Answer 2

Here he D (name) has committed an assault when he… There must be an apprehension as illustrated in R V Lamb where the V must feel fear, the fear must be immediate as in Smith V CC of Working Police and it must be unlawful which simply means that the fear caused by the D was not consesnted to.

Question 3

Assault Occasioning ABH - S.47 OAPA 1861.

Which ever applies to the scenario- Battery

Answer 3

Here the D (name) has committed battery when he…For their to be a fulfilled battery the D must apply unlawful physical force. the Application of force can be direct as in Collins V Wilcock or indirect as in DPP V K. The application of force must be unlawful, this generally means any force that is not consesnted to and the slightest amount of force is enough as in R V Thomas

Question 4

Assault Occasioning ABH - S.47 OAPA 1861.

Ocassioning

Answer 4

the next element of the AR for a S.47 offence is ocassioning, this means causing thus the rules of causation must be applied. Factual Causation