S47 OAPA Malicious Assault Occasioning Actual Bodily Harm Flashcards

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1
Q

What is the definition of Assault Occasioning Actual Bodily Harm?

A

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.

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2
Q

What is the actus reus of Assault Occasioning Actual Bodily Harm?

A

There was an assault/battery and that this cause ABH.

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3
Q

How was ABH defined in Miller (1954)?

A

Any hurt or injury calculated to interfere with the health or comfort of the victim.

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4
Q

What are examples of ABH?

A

Bruising, grazing, scratching.

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5
Q

What case defined unconsciousness as ABH?

A

T v DPP (2003).

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6
Q

What was said about physical pain in DPP v Smith (2006)?

A

It was not a necessary ingredient of ABH.

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7
Q

What case defined psychiatric injury as ABH?

A

R v Chang Fook (1994).

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8
Q

What is not defined as psychiatric injury?

A

“Mere emotions such as fear, distress or panic.”

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9
Q

What must “bodily harm” include?

A

A recognisable psychiatric illness.

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10
Q

What is the mens rea of Assault Occasioning Actual Bodily Harm?

A

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.

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11
Q

What does the defendant not have to intend or be subjectively reckless as to?

A

Whether ABH is caused.

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