S 47 Assault Occasioning Actual Bodily Harm General

S. 47 – Assault Occasioning Actual Bodily Harm

General • S. 47 Offences Against the Person Act 1861 – Assault occasioning actual bodily harm • Maximum sentence of 5 years imprisonment • Either way offence • Need an assault (assault or battery) plus actual bodily harm

Actus Reus • Assault • Occasioning • Actual Bodily harm

Actus Reus - Assault • Must be an assault or battery • In a question you must first consider whethere has been an assault or battery

Actus Reus – Occasioning • Causation – the assault or battery must occasion the harm • Novus Actus Interveniens by Victim: • Roberts – normal rules of causation apply – were V’s actions reasonably foreseeable? V might not act in a sensible manner in a moment of fright, but a D might not be held responsible if the V does something “daft” or unexpected that no reasonable man would foresee

Actus Reus – Actual Bodily Harm • Must be some form of physical or psychiatric injury caused to V • Miller – “any hurt or injury calculated to interfere with the health or comfort of the victim” but must be more than “transient or trifling” • Chan Fook – harm must be more than trivial • Examples of ABH injuries – lost/broken tooth, loss of consciousness, minor cuts requiring medical treatment (e. g. stitches), minor fractures, extreme bruising • DPP v Smith – cutting off someone’s hair was harm as it is part of the body • Chan Fook – harm includes psychiatric harm but state of mind caused in V must be evidence of an identifiable clinical condition - not “mere emotions such as fear, distress or panic”

Mens Rea • Roberts – only need mens rea for the assault or battery • Savage - either: • Intention or subjective recklessness to cause V to apprehend immediate and unlawful violence; or • Intention or subjective recklessness as to the application of unlawful force • D does not need to intend or be reckless as to any harm – does not need to foresee any harm • Savage – D threw beer at another girl, glass slipped, cutting the victim. Throwing of beer was battery (applying unlawful force) and she intended to throw it so had MR for battery. She had the AR and MR for battery plus some harm had been caused

Answering Questions on S. 47 Assault Occasioning Actual Bodily Harm 1. 2. 3. 4. Was there an assault (assault or battery)? Is there causation? The assault or battery must occasion the harm Is there actual bodily harm? Is there mens rea for either assault or battery? : • Intention or subjective recklessness to cause V to apprehend immediate and unlawful violence; or • Intention or subjective recklessness as to the application of unlawful force