Assault occasioning actual bodily harm

Question 1

What is the actus reus of a s47 assault occasioning actual bodily harm?

Answer 1

Assault- meaning an assault or battery
Occasioning- normal principles of causation apply
Actual bodily harm

Question 2

What is the mens rea of a s47 assault occasioning actual bodily harm?

Answer 2

Mens rea for the assault or battery

Question 3

Can a s47 offence be committed through an omission?

Answer 3

Yes (DPP v Santana - Bermudez)

Question 4

What constitutes actual bodily harm?

Answer 4

• ‘any hurt or injury calculated to interfere with the health or comfort’ of the victim. (R v Donovan)
• hurt doesn’t need to be serious or permanent but must be more than transient and trifling. (R v Donovan)

Question 5

Does ABH include psychiatric injury?

Answer 5

Yes - not emotions such as fear or distress or panic, but evidences of an identifiable clinical condition (R v Chan-Fook; R v Ireland)