S.47 Offences Against a Person Act 1861 - ABH

• S.47 OAPA 1861, ABH, 1st paragraph

  First the D must have committed an assault or a battery. Here there is a…

  IDEA paragraph for whichever one applies to the scenario
• S.47, OAPA 1861, ABH - assault/battery led to ABH

  Miller

  -> ABH: ‘any hurt or injury… health or comfort of the V’

  R(T) v DPP

  -> Loss of consciousness

  Smith(Michael)

  -> Cutting hair

  Chan Fook

  -> psychiatric injury
• s.47 OAPA 1861, ABH - MR

  intention or recklessness as to whether V apprehends or is subjected to the unlawful force