What is the actus reus of s47?

What is the actus reus of s47?

47 of the 1861 Act, actual bodily harm (ABH) is defined as ‘any assault occasioning actual bodily harm’. The actus reus is either assault or battery plus actual bodily harm. In Miller (1954) ABH includes ‘any hurt or injury calculated to interfere with health or comfort’. It has to be more than ‘transient or trifling’.

What is a s47 offence?

Assault occasioning Actual Bodily Harm (ABH) – s. 47 OAPA 1861. The offence is committed when a person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm.

What is the difference between S 20 and S 18 OAPA 1861?

For a s20 offence, the defendant must intentionally or recklessly wound or inflict grievous bodily harm on the victim. On the other hand, for a s18 offence, only a clear intention to wound, inflict GBH or resist or prevent a lawful arrest will be sufficient mens rea.

What type of offence is s 18 OAPA?

The most serious form of assault (short of attempt murder) is grievous bodily harm (GBH) or wounding (section 18). The offence committed with intent carries life imprisonment, the same offence committed without intent (section 18) has a maximum sentence of 5 years.

What was section 47 OAPA 1861 and what did it do?

Section 47 OAPA 1861 1. Assault Occasioning Actual Bodily Harm 2.  Triable either way  Whosoever shall be convicted on indictment of any assault occasioning actual bodily harm shall be liable to be imprisoned for any term for not exceeding five years  ABH

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Is the OAPA the only PA organization in Oklahoma?

The OAPA serves as the collective “voice” on critical issues and is the only PA organization in the State of Oklahoma representing and acting with the PA in mind. A strong and united professional association is key to ensuring success for your profession now and the future.