Non - Fatal Offences: The Offence Against Persons Act 1861 - ABH

Question 1

What is included in OAPA 1861?

Answer 1

Most serious NFO
ABH (S.47)
GBH (S.20)
GBH (S.18)
Wounding (S.20/GBH)

Question 2

What is the AR of ABH?

Answer 2

Assault or battery occasionin ABH

Question 3

What did Miller define?

Answer 3

Any hurt or injury calculated to interfere with health of comfort of Victim

Question 4

What happened in T v DPP?

Answer 4

D convicted as loss of consciousness, even for short amount of time, it could be ABH

Question 5

What happened in DPP v Smith?

Answer 5

Cutting off a substantial amount of hair could amount to ABH

Question 6

What happened in Chan Fook?

Answer 6

ABH includes psychiatric injury. doesn’t include emotons like fear/panic, must show expert evidence

Question 7

What is the MR for ABH?

Answer 7

D only needs to intend or be reckless as to the assault of battery
Don’t need to foresee the ultimate injury/level or injury

Question 8

What happened in Roberts?

Answer 8

D convicted of ABH as he intended the battery