s47 Actual Bodily Harm

Question 1

Where is s47 found

Answer 1

Offence Against a Persons Act 1861 s47

Question 2

What is s47 OAPA 1861

Answer 2

Assault occasioning actual bodily harm

Question 3

Define ‘assault’

Answer 3

Any type of common assault either assault or battery

Question 4

Define ‘Occasioning’

Answer 4

Causation:

• factual ‘but for’ (pagett)
• legal ‘more than a slight or trifling link’ (kimsey)

Question 5

Define bodily harm

Answer 5

Miller - any hurt or injury calculated to interfere with the health or comfort of v

Question 6

Does psychiatric injury count as bodily harm?

Answer 6

Yes
Chanfook- not so trivial as to be wholly insignificant
R v Burstow- backs up statement

Question 7

What case law does T v DPP state

Answer 7

Loss of consciousness even momentarily is held to be actual bodily harm

Question 8

What case law does DPP v Smith state

Answer 8

Physical pain not necessary could be cutting of hair etc ..

Question 9

What’s the mens rea for s47

Answer 9

NO MENS REA - only the mens rea for common assault needed

Question 10

Examples of no mens rea

Answer 10

R v Savage 1991

R v Roberts 1971

Question 11

What court is s47 heard in

Answer 11

Triable either-way either magistrates or crown depending on seriousness or case