s47 ABH

• carries a max sentence of 5 yr imprisionment
• s47 of OAPA
• s47 ABH is an assault or battery which causes ABH to the V Miller described it as any hurt or injury which is calculated to interfere with the health of comfort of the V
• The first element of the AR is the AR of either assault or battery
• ABH can include physical pain as in DDP V Smith
• Assault was present and convicted of ABH in R V Roberts
• The next element of the AR is 'cause' so factual and legal causation must be met
• 3rd stage is that there must be ABH as in R V Chan Fook - 'actual' means not so trivial as to be wholly insignificant' 'bodily' means both mental and physical and 'harm' means injury beyond interference of V's comfort
• The MR for ABH is the MR of either the assault or battery so, D is recklace or intends as to whether V fears force, or subjected to unlawful force as seen in R V Savage where there was intention to apply unlawful force