S.47 OAPA
- Assault occasioning actual bodily harm
- Includes both common law offences (assault and battery)
Actus reus – the defendant commits an assault or battery, occasioning actual bodily harm.
R v Miller (1954) – in this case the judge explained that ABH is ‘any hurt or injury calculated to
interfere with the health or comfort of the victim.’
- Bruising, grazed, scratches, swelling, bite marks, minor fractures
R v Chan Fook (1994) – the judge explained that a nervous or hysterical position could amount to
ABH. On appeal the Court of Appeal disagreed with this and said that ‘actual’ does not mean ‘trivial’,
therefore the harm must not be insignificant. The judges also explained that the injury may not be
limited to the ‘body’ as ABH suggests, but may expand to psychiatric injury.
T v DPP (2003) – D and a group of other youths chased V. V fell to the ground and saw D coming
towards them. V covered up his head with his arms and he was kicked.
V lost consciousness momentarily and remembered nothing until being woken by a police officer. D
was convicted of assault occasioning actual bodily harm.
DPP v Smith (Michael) (2006) – D had an argument with his girlfriend. He cut her ponytail off from
the hair tie. He was charged with s.47 OAPA 1861.
The magistrates had initially said that there should be no instance where hair cutting could be ABH.
On appeal, this was removed.
Mens rea – there is no need for the defendant to intend or be subjectively reckless as to the ABH.
Just the initial offence.
R v Roberts (1971) – D was driving a car and made advances to the girl in the passenger seat and
tried to take her coat off. She feared that he was going to commit a more serious assault so she
jumped from the car whilst travelling around 30mph. He was charged with s.47 rather than just
assault or battery, as the damage was ABH.
R v Savage (1991) – D threw a beer over another woman in the pub. In doing this the glass slipped
from D’s hand and eventually cut V’s hand. D had not intended to injure her, but indirectly batter
her. She was charged with s.47 OAPA 1961, as the damage caused was ABH.
- Assault occasioning actual bodily harm
- Includes both common law offences (assault and battery)
Actus reus – the defendant commits an assault or battery, occasioning actual bodily harm.
R v Miller (1954) – in this case the judge explained that ABH is ‘any hurt or injury calculated to
interfere with the health or comfort of the victim.’
- Bruising, grazed, scratches, swelling, bite marks, minor fractures
R v Chan Fook (1994) – the judge explained that a nervous or hysterical position could amount to
ABH. On appeal the Court of Appeal disagreed with this and said that ‘actual’ does not mean ‘trivial’,
therefore the harm must not be insignificant. The judges also explained that the injury may not be
limited to the ‘body’ as ABH suggests, but may expand to psychiatric injury.
T v DPP (2003) – D and a group of other youths chased V. V fell to the ground and saw D coming
towards them. V covered up his head with his arms and he was kicked.
V lost consciousness momentarily and remembered nothing until being woken by a police officer. D
was convicted of assault occasioning actual bodily harm.
DPP v Smith (Michael) (2006) – D had an argument with his girlfriend. He cut her ponytail off from
the hair tie. He was charged with s.47 OAPA 1861.
The magistrates had initially said that there should be no instance where hair cutting could be ABH.
On appeal, this was removed.
Mens rea – there is no need for the defendant to intend or be subjectively reckless as to the ABH.
Just the initial offence.
R v Roberts (1971) – D was driving a car and made advances to the girl in the passenger seat and
tried to take her coat off. She feared that he was going to commit a more serious assault so she
jumped from the car whilst travelling around 30mph. He was charged with s.47 rather than just
assault or battery, as the damage was ABH.
R v Savage (1991) – D threw a beer over another woman in the pub. In doing this the glass slipped
from D’s hand and eventually cut V’s hand. D had not intended to injure her, but indirectly batter
her. She was charged with s.47 OAPA 1961, as the damage caused was ABH.
