OAPA: S47 ABH

Question 1

OAPA s47: assault/battery occasioning ABH

Answer 1

Although this offence is set out in s47 Offences Against the Person Act 1861, common law has developed rules around this to give more detail.

It’s a triable-either-way offence and carries a maximum sentence of five years’ imprisonment.

Question 2

AR of assault/battery occasioning ABH

Answer 2

Requires an assault or battery which causes actual bodily harm.

Three components:
1) Assault or battery - either will suffice but all elements of the assault or battery must be present
2) Causes - the assault or battery must cause the ABH (usual rules of causation apply)
3) ABH - this means the resulting harm or injury calculated to interfere with the health or comfort of the V. It need not be permanent but should not be so trivial as to be wholly insignificant.
- ABH can also include psychiatric injury and the cutting of hair

Question 3

MR of assault/battery occasioning ABH

Answer 3

Intention or reckless as to the assault or battery. There’s no additional MR for the harm caused.

Question 4

R v Chan-Fook

Answer 4

AR

Feelings of fear and panic are emotions rather than injury and without medical evidence to support recognized psychiatric condition, a conviction for ABH couldn’t stand

Question 5

R v Roberts

Answer 5

Causation and MR

Escape from physical danger is not ‘daft’ and does not break the chain

The MR for assault or battery is sufficient: no additional MR is required for the harm caused

Question 6

R v Miller

Answer 6

AR

Using violence during sexual intercourse amounted to an assault, and a ‘hysterical and nervous condition’ is a recognized form of bodily harm, such an assault would constitute ABH under s47

Question 7

S47 ABH plan

Answer 7

Law - Section 47 of OAPA is assault/battery occasioning Actual Bodily Harm
- Common law has developed rules around s47 to give more detail
- Triable-either-way offence, carries maximum sentence of five years’ imprisonment

AR
Requires an assault or battery which causes ABH
3 components:
1) Assault or battery - either will suffice but all elements of assault or battery must be present
2) The assault/battery must cause actual bodily harm - usual rules of causation apply
- Legal - ‘but for’ test
- Factual - de minimus principle
3) ABH - the resulting harm or injury calculated to interfere with V’s health or comfort. It needs to be not be permanent but should not be so trivial as to be wholly insignificant - R v Chan-Fook, R v Miller, DPP v Smith

Apply….

MR
- Intention or reckless as to the assault or battery. There’s no additional MR for the harm caused - R v Roberts

Apply…

Conclusion - if all elements are present, assault/battery occasioning ABH under s47 OAPA 1861 may be convicted.

Question 8

DPP v Smith

Answer 8

AR

Cutting hair amounts to ABH under s47