Actual Bodily Harm

• Definition + Sentence

  • S.47 Offences Against the Person Act 1861
  • An offence to commit an assault/battery occasioning ABH
  • Triable either way offence
  • Maximum sentence is 5 years imprisonment
• Actus reus

  1. Assault or battery
  2. Which causes (R v Smith)
  3. ABH (R v Miller)
• Assault or battery

  • Constitute an offence under S.47
  • All elements of assault or battery must be present
• Causing

  • R v Smith
  • Requires consideration of both factual and legal causation
  • Chain needs to remain intact
• ABH

  • R v Miller
  • Any hurt or injury calculated to interfere with the health or comfort of the victim
  • Can also be a psychiatric injury
  • Includes cutting off hair
• Mens rea

  • Intention to or recklessness to commit assault or battery = subjective
  • There is no requirement that the D intended or was reckless as to the injury inflicted
  • R v Roberts