ABH S.47

• What is the actus reus of S.47 ABH?

  Assault or battery occasioning actual bodily harm
• What is the max sentence for ABH 

  5 years
• What does occasioning mean for ABH?

  It means causing so it is necessary to prove there was an assault or battery that casted the ABH.
• What is ABH? (4 Cases)

  R v Miller: ABH is ‘any hurt or injury calculated to interfere with the health or comfort of the V.’

  R v Chan Fook: Says that ‘bodily’ isn’t limited to the skin and bones but also injury to the nervous system and the brain 

  T v DPP: Says a loss of consciousness can amount to battery, even for a short amount of time

  DPP v Smith:  Cutting a substantial amount of hair could amount to ABH as physical pain isn’t necessary
• What is the mens rea for ABH S.47?

   Intention or subjectively reckless as to the battery or assault. The D doesn’t have to intend ABH. This is defined in R v Roberts as there is no mention of it in S.47