S47 Offences Against the Person Act 1861 (OAPA) ABH – actual bodily harm
Triable either way – Can be in magistrates or Crown Court
Maximum sentence of 5 years in Crown Court
S47 - actus reus
Assault or battery occasioning actual bodily harm.
Definition of Actual Bodily Harm
Miller (1954)
‘any hurt or injury calculated to interfere with health or comfort of the victim’.
T v DPP (2003)
Being knocked unconscious for a short time even if no lasting consequences can be ABH.
Chan-Fook (1994)
ABH can include psychiatric harm. Must be more than panic or distress. Must be recognised clinical condition.
Broad application
Smith (2006)
defendant cut off girlfriend’s ponytail. this is ABH as hair is part of the body.
S47 – Mens rea
•An intention or subjective recklessness to commit either the assault or battery.
•No need to have intentionally or recklessly inflicted ABH.
ABH mens rea - savage(1991)
as the woman threw the beer the glass slipped and cut the victim’s hand. this was ABH by battery. She applied force and intended to throw the beer so intended battery which is enough for the mens rea of s47 ABH
