s47 ABH

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Sidra zahid

Cards (9)

    • Assault occasioning Actual Bodily Harm
  • This offence is provided under Section 47 of the Offences Against the Person Act 1861.This offence is a statutory offence and it is a TEW offence that has a fixed term sentence of 5 years.
  • The actus reus of this offence is:assault or battery causing actual bodily harm
  • Chan Fook defines ABH as: injury that is 'not so trivial to be wholly insignificant'.
  • Chan Fook also stated this includes psychiatirc injury, but must be 'more than mere emotions such as fear or distress'.
  • Burstow confirms psychiatric injury can be ABH
  • Smith(Michael): Causing discomfort is sufficient for ABH.For example, cutting someone's hair
  • T v DPP: ABH includes momentary loss of consciousness
  • Mens rea of this offence is: Intention or Recklessness to cause assault(causing apprehension of unlawful force) or battery (applying unlawful force) as outlined in Savage