S47 OAPA (ABH) structure plan

Question 1

Identify and define?

Answer 1

Assault occasioning actual bodily harm is a statutory offence and defined in S47 of the Offences against the person act (OAPA) 1861 and is an assault or battery which causes actual bodily harm to the V.
R v Chan-Fook shows ABH is harm not so trivial as to be wholly insignificant.

Question 2

What are the elements of the actus reus?

Answer 2

1. The assault of battery
2. V suffers an ABH level injury
3. The assault or battery causes the injury

Question 3

1 - AR for Assault/Battery?

Answer 3

A - Causing the V to apprehend immediate unlawful force

B - Applying unlawful force on/to another

cases are the same as is

Question 4

2 - Actual bodily harm is what?

Answer 4

Actual Bodily Harm was defined by Miller as ‘any hurt or injury calculated to interfere with the health or comfort of the V.’ This was too broad and now narrowed by Chan-Fook as ‘harm cannot be so trivial as to be wholly insignificant.’

Psychiatric harm/injury can also amount to ABH (Burstow) but not mere emotions (Chan-Fook). Loss of consciousness can be ABH as shown in (T v DPP) and cutting someone’s hair (Smith).

Question 5

3. A or B causes the ABH injury?

Answer 5

Factual causation - Pagett ‘But for’
Legal causation - Smith ‘operative and substantial’

Breaks chain - Act of V
Act of God
Act of third party - in medical - palpably wrong

Thin skull rule (Blaue) never breaks chain

Question 6

What is the mens rea for ABH?

Answer 6

Intention or recklessness as to assault or battery.
(Elements are the same)
However Savage shows that D does not need to intend or realise/foresee the risk of harm