S47 Actual Bodily Harm

Question 1

S47 OAPA 1861 - important

Answer 1

Creates the offence of Assault Occasioning Actual Bodily Harm

Question 2

R v Miller (1954) - important

Answer 2

Actual bodily harm that is ‘calculated to interfere with the health and comfort of the victim’

Question 3

R v Chan Fook (1994) - important

Answer 3

“Bodily” in ABH includes Psychiatric harm. but for ABH it must be more than ‘mere emotions such as fear, distress or panic’ and be recognized as psychiatric harm.

Question 4

T v DPP (2003) - important

Answer 4

ABH includes momentary loss of consciousness

Question 5

R v Savage (1991) - important

Answer 5

For ABH, the mens rea is the same as it is for assault or battery. There is no need for D to intend or be reckless about causing actual bodily harm.

Question 6

R v Roberts (1971)

Answer 6

All the rules of causation apply to ABH and GBH, so if the harm comes from a foreseeable reaction by the victim then D is still liable for the harm.

Question 7

DPP v Smith (2006)

Answer 7

ABH includes cutting off a substantial amount of V’s hair