Assault Occasioning Actual Bodily Harm (S.47)

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Rozanna Omran

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WHAT IS ASSAULT OCCASIONING ACTUAL BODILY HARM?
Under section 47 of the OFFENCES AGAINST THE PERSON ACT 1861 it is an offence to commit ‘any assault occasioning actual bodily harm’.
Actus Reus of ABH:
D must satisfy the actus reus of either an assault or battery.
The assault or battery must have ‘occasioned’ (caused) ABH. There must be no intervening act which breaks the chain of causation from D’s conduct to the injury.
The injury ‘should not be so trivial as to be wholly insignificant’: CHAN-FOOK. Psychiatric injury, such as a depressive illness, but not ‘mere emotions such as fear, distress or panic’: CHAN-FOOK
Mens Rea for ABH:
The mens rea of s.47 requires either the mens rea of an assault or the mens rea of a battery.

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Assault Occasioning Actual Bodily Harm (S.47)

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1.1.3 Acquisitive Offences

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13.3.1 Concept of Entropy (S)

3.5.3 Criminal and Deviant Behaviour

1.2 Criminal Behaviour as a Social Construct

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