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paper 1
criminal
OCR law - ABH
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what section is ABH under?
s47 OAPA 1861
what does s47
state
?
whosoever shall be
convicted
of
any assault occasioning ABH shall
be liable to imprisionment for 5 years
*
triable either way offence
*
AR of s47
has three elements that must be
proven
:
assault
occasioning
: means causing= assault
or
battery that this caused ABH
ABH
:
r v
miller- ABH
is any hurt or injury calculated to interfere with the health or comfort of the victim
unlawful force and consent
the force must be
unlawful
brown
: it was stated that in the absence of good reason, the victims consent Is no defence to a charge under
OAPA
1861
r v
BM
MR of s47
if the
underlying offence
is
battery
: d must intend or be subjectively reckless as to whether the v fears for is subjected to unlawful force
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