s47- assault occasioning actual bodily harm

• definition- an assault or battery which causes ABH. D intends or is subjectively reckless as to whether the victim fears unlawful force or is subjected to unlawful force.
• actus reus of s47:

  Prove that there was an assault or battery and that this caused ABH.
• Miller’s definition of ABH:

  ‘any hurt or injury calculated to interfere with the health or comfort of the victim.‘
• T V DPP: loss of consciousness was held to be ABH.
• R V Chan Fook: psychiatric injury is ABH
• Mens rea of s47:

  Intention or subjective recklessness.
• R V Roberts (s47):

  D guilty of s47 as he intended to apply unlawful force when he touched a girl in the car even though he hadn't intended injury.
• R V Savage (s47):

  D intended to throw beer over a woman but it slipped and cut the victims hand. Was convicted of s47 as she intended to apply unlawful force.
• what is the max sentence for s47?


  5 years imprisonment