S.47 ABH (OAPA 1861)

• ABH is charged under s.47 Offences Against the Person Act 1861 (OAPA 1861)
• s.47 ABH definition - Assault occasioning actual bodily harm
• AR: Assault occasioning actual bodily harm

  • D commits an either an assault or battery
  • The assault/battery must cause the injury
  • Roberts - an escape attempt will not break the chain of causation
• Miller defined ABH as 'any hurt or injury which interferes with V's health or comfort'

  • T v DPP - knocking V unconscious is ABH (temporary loss of sensory functions)
  • DPP v Smith - cutting off a substantial amount of V's hair is ABH
  • Chan Fook - ABH includes psychiatric harm that goes beyond mere emotions such as fear
• MR: Must intend or be reckless as to the assault or battery, you do not need to foresee the level of injury - Savage
• ABH injuries may include:

  • Broken nose
  • Loss of teeth
  • Minor fractures/breaks e.g. fingers