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Criminal Law

The Midnight Assault

Context

At 11pm, Daniel is walking home when he is grabbed from behind by an unknown person. Fearing he is being mugged, Daniel swings his elbow backwards and strikes the person in the face, breaking their nose. The person turns out to be his friend Leon, who intended to surprise him. Leon had no weapon and did not intend to harm Daniel. Daniel says he genuinely believed he was under attack.

Step 1. Has Daniel committed the actus reus of assault occasioning actual bodily harm (s47 OAPA 1861)?

Answer options for step 1