OCR law - ABH

    Cards (5)

    • 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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