Assault Occasioning Actual Bodily Harm s.47

Question 1

AR

Answer 1

Assault occasionally actual bodily harm (R v Chan Fook)

Question 2

Assault

Answer 2

Assault/Battery (s.39 CJA 1988)

Question 3

Occasioning

Answer 3

Factual
Legal
Chain of causation

Question 4

Actual bodily harm (5)

Answer 4

o must be some form of physical/psychological injury caused to V
o ‘any hurt or injury calculated to interfere with the health or comfort of V’ provided it is more than ‘transient and trifling’ (Miller)
o includes hair being cut without the consent of V (DPP v Smith)
o includes loss of consciousness (R(T) v DPP)
o psychiatric harm must be a clinical condition to constitute ABH (Chan Fook)

Question 5

MR

Answer 5

MR for either the (s39) assault or battery is sufficient to establish MR for s47 (R v Savage)

o ASSAULT: DI/OI/Recklessness to cause V to apprehend immediate unlawful physical violence
o BATTERY: DI/OI/Recklessness to apply unlawful physical force