Section 47

Question 1

1) Intro

Answer 1

D can be charged under S.47 OAPA 1861 for V’s injuries.

Question 2

2) AR

Answer 2

•The AR of S.47 is ‘assault occasioning actual bodily harm (ABH)’.
•Here, assault means assault or battery.
*Apply whether it’s assault/battery.
The AR of this offence is … (+ relevant case Smith/Thomas).
*Apply AR of offence.

Question 3

3) Causation

Answer 3

• Occasioning means causing.

* Factual & legal causation must be proven.

Question 4

4) ABH

Answer 4

•In Miller ABH was defined as ‘any hurt or injury calculated to interfere with the health and comfort of V’.
•The injury can’t be trivial or insignificant (Chan Fook).
*Apply to V’s injuries.

Question 5

5) MR

Answer 5

• The MR of S.47 is ‘intention or recklessness as to the initial assault or battery’.
• D doesn’t need to intend or be reckless about causing ABH.
• D only needs the MR of assault or battery (Savage).
• The MR of assault or battery is…
• Direct intent is where the act was D’s main aim or purpose (Mohan).
• Recklessness is where D knew there was a risk of the act occurring but continued with his actions (Cunningham).

Question 6

6) Conclusion

Answer 6

•D potentially has both the AR & MR of S.47 & so could be guilty of this offence.