S47 OAPA Malicious Assault Occasioning Actual Bodily Harm Flashcards
What is the definition of Assault Occasioning Actual Bodily Harm?
An assault which causes V actual bodily harm and D intends or is subjectively reckless as to whether V fears unlawful force or is actually subjected to unlawful force.
What is the actus reus of Assault Occasioning Actual Bodily Harm?
There was an assault/battery and that this cause ABH.
How was ABH defined in Miller (1954)?
Any hurt or injury calculated to interfere with the health or comfort of the victim.
What are examples of ABH?
Bruising, grazing, scratching.
What case defined unconsciousness as ABH?
T v DPP (2003).
What was said about physical pain in DPP v Smith (2006)?
It was not a necessary ingredient of ABH.
What case defined psychiatric injury as ABH?
R v Chang Fook (1994).
What is not defined as psychiatric injury?
“Mere emotions such as fear, distress or panic.”
What must “bodily harm” include?
A recognisable psychiatric illness.
What is the mens rea of Assault Occasioning Actual Bodily Harm?
There is no reference to one, but D must intend or be subjectively reckless as to whether V fears or is subjected to unlawful force.
What does the defendant not have to intend or be subjectively reckless as to?
Whether ABH is caused.
