AR of ABH S47
An assault or battery occasional ABH
MR of ABH
Intentionally or recklessly causing the AR
Where’s the law on ABH defined
Statute S47 oapa
Act D is charged under
S47 oapa
Category of offence
Triable witherway
Maximum sentencing
5 year
Basic or specific intent?
Basic
Miller
D threw his wife to the floor and raped her. Clarified what ABH is ‘ABH includes any hurt or injury calculated to interfere with the health or comfort of V’
T V DPP
C was chased by a group of youths he fell covered his head and he was kicked and had a short loss of consciousness. Extended ABH to include loss of consciousness
DPP V Smith
D broke into his exes house and cute off her ponytail . This amounted to ABH harm must be actual not small or trivial
Omar
Barber shaved a child’s head as punishment with no consent. Convicted for 8 month follows DPP V Smith
Chan fook
V was threatens for stealing he ran and broke wrist . Feelings of fear or panic are emotions not injury AR not compete need evidence of recognised psychiatric condition