S.47 ABH

• Introduction:

  Contained in S.47 Offences Against the Person Act 1861

  Determined that it is 'any assault or battery which causes actual bodily harm'
• Actus Reus for S.47 ABH

  Assault or battery: there must be an assault or battery which results in the injury

  ABH: any injury that is 'more than trivial' ( Chan Fook )

  • momentary unconsciousness ( T V DPP )
  • grazes, bruising, scratches, sprains
  • psychiatric injury that must be more than 'mere emotions such as fear, distress or panic' ( Chan Fook )
• Mens Rea for S.47 ABH:

  Mens rea is 'intention or reckless as to the assault or battery' ( Savage )

  • there is no need for the D to even realise that there is a risk of injury