Section 47 - ABH

• Defined in the Offences Against the Persons Act 1861.
• Defined as an assault and/or a battery that occasions Actual Bodily Harm (ABH).
• Actus Reus

  The act of either an assault and/or a battery that occasions ABH - this is defined as 'any hurt or injury that interferes with the health and comfort of the victim' (Miller) (Smith) - can be psychiatric (Chan-fook), momentary unconsciousness (T v DPP), cutting hair (DPP v Smith).
• Psychiatric harm

  Chanfook
• Momentary unconsciousness


  T v DPP
• Cutting hair


  DPP v Smith
• Mens Rea

  The defendant must either intend (Mohan) or be subjectively reckless (Cunningham) as to the assault or the battery. The defendant does not have to intend any injury (Savage).
• Savage


  The defendant does not have to intend any injury.