Assault Occasioning Actual Bodily Harm (S.47)

avatar
Created by
Rozanna Omran

Cards (3)

  • 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.