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Section B
Paper 1
ABH
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Created by
Rhianna Foster
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Cards (10)
S47
-
OAPA 1861
-
5 years imprisonment.
Definition - link to Ao2 and how it is either an
Assault
/
Battery
Assault
/
Battery must cause ABH
-
Must be factual and legal cause of the ABH
(
Roberts
)
Assault
/
Battery leading to harm must interfere with the health
/
comfort of the victim
(
Miller
)
Actual means not so trivial as to be insignificant
Bodily harm doesn't need to be skin
/
flesh
can
be psychiatric injury
(
Chan Fook
)
Loss of consciousness
(
T
v
DPP
)
Cutting a victims hair
(
DPP V Smith
)
can happen through a
conintuing act
(
Fagan
v
MPC
)
Can happen through an
indirect act
(
DPP
v
K
)
Intention or subjective recklessness for the assault
/
Battery
(
Parmenter
)