S.47

Question 1

What is the statutory definition of this offence?

Answer 1

The section states the offence of ABH is an assault or battery occasioning actual bodily harm.

Question 2

What is the AR and MR of this offence?

Answer 2

To be found guilty of the offence the actus reus and mens rea of either assault or battery is needed.
R v Savage stated there is no requirement to find a mens rea for the injury only the assault or battery.

Question 3

What does ‘occasioning’ mean?

Answer 3

This is the causation element. It is necessary to prove that there was an assault or battery that caused the actual injury.

Question 4

What does ‘Actual bodily harm’ mean?

Answer 4

‘calculated to interfere with the health and comfort of the victim’ - R v Miller
The harm need not be permanent, but it must not be ‘merely transient or trifling’ - R v Donovan

Question 5

Give examples of case law ABH examples

Answer 5

loss of consciousness (even momentarily) - T v DPP
Cutting the victims hair - DPP v Smith
psychiatric harm, doesn’t include mere emotions - Chan-Fook
it can be inflicted indirectly - DPP v K

Question 6

What is the maximum sentence that can be received for this offence?

Answer 6

5 years