• T v DPP – the victim was kicked in the head by the defendant and remembered
nothing until being woken up by a policeman. Momentary loss of consciousness was
enough to constitute actual bodily harm.
• Burstow – a man harassed a woman for 8 months after their relationship ended,
including silent phone calls, abusive phone calls, sending hate mail and taking
photos. She suffered from severe depression. It was established that psychiatric
harm could be classed as actual bodily harm, and even grievous bodily harm.
The assault or battery must be the factual and legal cause of the actual bodily harm, and so
the rules on causation must be satisfied.
Mens Rea
Definition: Intention or subjective recklessness as to an assault or a battery, not as to the
actual bodily harm itself.
Intention means direct (specific) intention defined in Mohan as where the defendant makes
a decision to bring about a particular consequence ie. an assault or battery.
Subjective recklessness is defined in Cunningham as where the defendant foresees a risk of
a consequence ie. an assault or battery, and carries on regardless.
• Roberts – A man made sexual advances to a girl in a car when he tried to take her
coat off. He was driving at 30mph, the girl jumped out and suffered minor injuries.
He did not intend to hurt her, but he had the mens rea for battery as he intended the
application of unlawful force, which was sufficient for the mens rea of Section
47.
• Savage – A woman threw beer over another woman in a pub but the glass slipped
from her hand and the victim’s hand was cut. She did not intend to hurt her, but she
had the mens rea for battery as she intended the application of unlawful force,
which was sufficient for the mens rea of Section 47.
MODEL ANSWER
SECTION 47 ACTUAL BODILY HARM [level of harm: bruises, swelling, scratches, hair cut,
mild concussion, chest pain, momentary loss of consciousness, psychiatric harm more
than fear or distress]
• D may have committed assault occasioning actual bodily harm under Section 47 of
The Offences Against the Person Act 1861.
18
nothing until being woken up by a policeman. Momentary loss of consciousness was
enough to constitute actual bodily harm.
• Burstow – a man harassed a woman for 8 months after their relationship ended,
including silent phone calls, abusive phone calls, sending hate mail and taking
photos. She suffered from severe depression. It was established that psychiatric
harm could be classed as actual bodily harm, and even grievous bodily harm.
The assault or battery must be the factual and legal cause of the actual bodily harm, and so
the rules on causation must be satisfied.
Mens Rea
Definition: Intention or subjective recklessness as to an assault or a battery, not as to the
actual bodily harm itself.
Intention means direct (specific) intention defined in Mohan as where the defendant makes
a decision to bring about a particular consequence ie. an assault or battery.
Subjective recklessness is defined in Cunningham as where the defendant foresees a risk of
a consequence ie. an assault or battery, and carries on regardless.
• Roberts – A man made sexual advances to a girl in a car when he tried to take her
coat off. He was driving at 30mph, the girl jumped out and suffered minor injuries.
He did not intend to hurt her, but he had the mens rea for battery as he intended the
application of unlawful force, which was sufficient for the mens rea of Section
47.
• Savage – A woman threw beer over another woman in a pub but the glass slipped
from her hand and the victim’s hand was cut. She did not intend to hurt her, but she
had the mens rea for battery as she intended the application of unlawful force,
which was sufficient for the mens rea of Section 47.
MODEL ANSWER
SECTION 47 ACTUAL BODILY HARM [level of harm: bruises, swelling, scratches, hair cut,
mild concussion, chest pain, momentary loss of consciousness, psychiatric harm more
than fear or distress]
• D may have committed assault occasioning actual bodily harm under Section 47 of
The Offences Against the Person Act 1861.
18
