ABH - s.47 OAPA 1861

Question 1

What does ABH stand for?

Answer 1

Actual bodily harm.

Question 2

What is the definition of ABH?

Answer 2

Any hurt or injury calculated to interfere with the health or comfort of the victim (Miller)

Question 3

What is the definition of s.47?

Answer 3

An assault or battery which causes actual bodily harm to V and D intends or is reckless as to whether the victim fears unlawful force or is actually subjected to unlawful force.

Question 4

What are the AR’s of s.47?

Answer 4

• A common assault (assault or battery)
• Which causes (causation)
• ABH

Question 5

What are the MR’s of s.47?

Answer 5

There are none. Proving the MR of the assault or battery is sufficient (R v Roberts).

Question 6

What does the case of R v Chan Fook tell us?

Answer 6

That psychiatric injury can meet the definition of ABH.

ABH does not include ‘mere emotions such as fear, distress or panic’ nor does it include ‘states of mind that are not themselves evidence of some identifiable clinical condition’.

Question 7

What does the case of T v DPP tell us?

Answer 7

That ‘bodily’ is not limited to harm to skin, flesh and bones but includes injury to the nervous system and brain.

Loss of consciousness was held to be ABH.

Question 8

What does the case of DPP v Smith tell us?

Answer 8

Cutting of (a substantial amount of) hair can amount to ABH.

Physical pain was not a necessary ingredient of ABH.

For harm to be ‘actual’ as opposed to trivial or insignificant harm, there must have been a significant amount of hair cut.

Question 9

What does the case of R v Burstow tell us?

Answer 9

Approval by the HoL as to the inclusion of recognisable psychiatric illness as ‘bodily harm’ (ss 18, 20 and 47 OAPA 1861).