S.47: Assault Occasioning Actual Bodily Harm (ABH)

Question 1

Give an Introduction for S.47 ABH (Assault Occasioning Actual Bodily Harm)

Answer 1

• S.47 Offence Against the Person Act 1861 (OAPA): sets out offence (least serious of all offences within Act)
• D commits a common assault/battery on V, as a result they have the injury of ABH
• Triable-either-way offence, max sentence is 5 years imprisonment
• R v Miller: Defined ABH as: “ABH includes any hurt or injury calculated to interfere with the health or comfort of the V”
  -Examples: Bruises, Psychiatric Injury, Grazes
• R v Chan Fook: ABH doesn’t include mere emotions such as fear, distress, or panic (only mention if applicable)
• R v Burstow: Approved decision in Chan Fook + said ABH can include recognised psychiatric illness. (only mention if applicable)
• T v DPP: loss of consciousness even momentarily held to be ABH (only mention if applicable
• Must then go through Assault or Battery; have to work through + prove full assault or battery to be guilty of an ABH

Question 2

Explain the Actus Reus for ABH.

Answer 2

• Go through either Common Assault or Common Assault Battery

AR for Assualt: Act or words which causes V to apprehend infliction of immediate unlawful force
Explain + Apply:
1) Act/words
2) Apprehend
3) Immediate
4) Unlawful

AR for Battery: Application of unlawful force to another
Explain + Apply:
1) Force
2) Act/Omission
3) Unlawful

Question 3

Explain Causation, in regards to the Actus Reus of ABH.

Answer 3

Establish Assault/Battery caused the ABH injury in fact + law
Factual:
- R v Pagett: ‘But for’ test
- Legal: D’s conduct must be more than a minimal cause, but need not be a substantial cause of the end consequence
- R v Kimsey: must be more than a slight or trifling link
- R v Blaue: Thin-skull rule
- Intervening Acts: V’s own act, Act of a Third party, a natural but unpredictable event (must be sufficiently independent + sufficiently serious; breaking chain of causation)

Question 4

Explain the MR for ABH.

Answer 4

MR for Common Assault is sufficient for a S.47 offence; therefore go through MR for either Assault or Battery
Assault:
- R v Mohan: Intention to cause another fear of immediate unlawful personal violence
OR
- R v Cunningham: Recklessness as to whether such fear is caused.
Battery:
- R v Mohan: Intention to apply unlawful physical force to another
OR
- R v Cunningham: Recklessness as to whether unlawful force is applied

• R v Roberts: No need for D to intend/be reckless as to whether ABH is caused, as long as you intend/are reckless for a common assault/battery you have the MR for ABH
• R v Parmenter, R v Savage: Decision in Robert’s confirmed
• R v Latimer: Transferred malice can be used (if offence is from person to person)
• R v Pembilton: Transferred Malice can’t be used when offence isn’t of same kind (if offence is from person to property)