S.47 ABH

Question 1

Actual Bodily Harm S.47 Definition

Answer 1

“It is an offence to commit an assault occasioning actual bodily harm”

• Offences Against the Person Act 1861
  Triable-either-way offence
  Unlimited fine +/ 6 months imprisonment

Question 2

ABH S.47 Actus Reus

Answer 2

Actus Reus - an assault or battery occured resulting in the ABH

Question 3

ABH S.47 Mens Rea

Answer 3

Mens Rea - No mention in OAPA 1861

Courts ruled that MR for assault or battery is sufficient

Question 4

ABH S.47 AR

Answer 4

R v Miller - D raped wife on multiple occasions - “ABH includes any hurt or injury calculated to interfere with the health or comfort of the victim”

T v DPP - D was chased by a group of youths, tripped and fell - Momentary loss of consciousness is ABH

DPP v Smith - D cut ex-gf’s ponytail off - ABH includes features

Chan Fook - V locked upstairs after accusation of theft by the D - ABH includes psychiatric harm

DPP v K - Acid in hand dryer - Force need not be directly applied.

Question 5

ABH S.47 MR

Answer 5

R v Cunningham - D tore a gas meter off the wall - D is liable through recklessness. If outcome is foreseable then ABH

Savage v Parmenter - D threw a glass at someone by accident - D need not have the MR for harm inflicted, just for some to occur.