s 47 OAPA

• In which piece of legislation is actual bodily harm (ABH) found?

  s 47 of The Offences Against the Person Act 1861.
• What is the extended definition of s 47 OAPA?

  Assault occasioning actual bodily harm.
• What type of offence is s 47 OAPA?

  Triable-either-way
• What is the maximum sentence for s 47 OAPA?

  5 years imprisonment.
• What is it necessary to prove for s 47 OAPA?

  That there was an assault or a battery and that this caused actual bodily harm.
• What does the case, R v Miller, say about the actus reus of s 47?

  The harm must be more than transient and trifling and must interfere with the health and comfort of the victim.
• What does the case, DPP v Smith, say about what counts as ABH?

  Bodily harm includes skin, organs, etc. as well as hair (for example, cutting off a pony tail and paint in hair can count as ABH).
• What does the case, T v DPP, say about what counts as ABH?

  Loss of consciousness for even a short amount of time can count as ABH.
• What do the cases, R v Chan Fook and R v Ireland, say about what counts as ABH?

  Psychiatric injuries count as ABH but emotions and feelings do not count.
• Which case says that the harm must be more transient and trifling and must interfere with the health of the victim?

  R v Miller
• Which case says that bodily harm includes skin, organs, and hair (e.g. cutting off a pony tail and paint in hair)?

  DPP v Smith
• Which case says that loss of consciousness even for a short amount of time can count as ABH?

  T v DPP
• Which cases say that psychiatric harm can count as ABH but emotions and feeling do not count?

  R v Chan Fook and R v Ireland
• What have the courts held about the mens rea of s 47 OAPA?

  The mens rea for common assault is sufficient for the mens rea of a s 47 offence.
• What is the mens rea of s 47 OAPA?

  The defendant must intend or be subjectively reckless as to whether the victim fears or is subjected to unlawful force.
• What does the case, R v Roberts, say about the mens rea of s 47 of OAPA?

  The defendant doesn't need to intend or be reckless as to whether actual bodily harm is caused, they only need to have the intention or recklessness to the assault or battery.