OCR law - ABH

• 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