S.47 – Assault Occasioning
Actual Bodily Harm
General
• S.47 Offences Against the Person Act 1861
• Maximum sentence of 5 years imprisonment
• Need an assault (assault or battery) plus actual bodily harm
Actus Reus
• Assault
• Occasioning
• Actual Bodily harm
Actus Reus - Assault
• Must be an assault or battery
Actus Reus – Occasioning
• Causation – the assault or battery must occasion the harm
• Roberts – normal rules of causation apply – were V’s actions
reasonably foreseeable? V might not act in a sensible manner in a
moment of fright, but a D might not be held responsible if the V does
something “daft” or unexpected that no reasonable man would
foresee
Actus Reus – Actual Bodily Harm
• Must be some form of physical or psychological injury caused to V
• Miller – “any hurt or injury calculated to interfere with the health or
comfort of the victim” but must be more than “transient or trifling”
• Chan Fook – harm must be more than trivial
• Examples of ABH injuries – lost/broken tooth, loss of consciousness, minor
cuts requiring medical treatment (e.g. stitches), minor fractures, extreme
bruising
• DPP v Smith – cutting off someone’s hair was harm as it is part of the body
• Chan Fook – harm includes psychiatric harm but state of mind caused in V
must be evidence of an identifiable clinical condition - not “mere emotions
such as fear, distress or panic”
• Note that definition of ABH in Miller not suitable when considering psychiatric harm
as these cases require a more serious degree of harm
Mens Rea
• Savage - only need mens rea for the assault or battery. Either:
• Intention or subjective recklessness to cause V to apprehend immediate and
unlawful violence; or
• Intention or subjective recklessness as to the application of unlawful force
• D does not need to intend or be reckless as to any harm
• Savage – D threw beer at another girl, glass slipped, cutting the
victim. Throwing of beer was battery (applying unlawful force) and
she intended to throw it so had MR for battery. She had the AR and
MR for battery plus some harm had been caused
Answering Questions on S.47 Assault
Occasioning Actual Bodily Harm
1.
2.
3.
4.
Was there an assault (assault or battery)?
Is there causation? The assault or battery must occasion the harm
Is there actual bodily harm?
Is there mens rea for either assault or battery?:
• Intention or subjective recklessness to cause V to apprehend immediate and
unlawful violence; or
• Intention or subjective recklessness as to the application of unlawful force