OAPA: S47 ABH

Question 1

R v Chan-Fook

Answer 1

AR

No ABH - feelings of fear and panic are emotions rather than injury (without medical evidence to support recognized psychiatric condition)

Question 2

R v Roberts

Answer 2

Causation - escape from physical danger is not ‘daft’ and does not break the chain

MR - MR for assault or battery is sufficient (no additional MR is required for the harm caused)

Question 3

R v Miller

Answer 3

AR

Using violence during sexual intercourse amounted to an assault, and a ‘hysterical and nervous condition’ is a recognized form of bodily harm - amounted to ABH

Question 4

S47 ABH plan

Answer 4

Under s47 of OAPA is assault/battery occasioning Actual Bodily Harm
- common law has developed rules around s47 to give more detail
- triable-either-way offence, carries maximum sentence of five years’ imprisonment

AR
Requires an assault or battery which causes ABH (battery must be present)
1) Assault or battery - all elements of assault or battery must be present
2) The assault/battery must cause actual bodily harm - usual rules of causation apply
3) ABH - the resulting harm/injury is calculated to interfere with V’s health or comfort. It need not be permanent but mustn’t be so trivial as to be wholly insignificant - R v Chan-Fook, R v Miller, DPP v Smith
Apply….

Causation + apply - R v Roberts

MR
- Intention or reckless as to the assault or battery (no additional MR for the harm caused) - R v Roberts
Apply…

Conclusion - if all elements are present, assault/battery occasioning ABH under s47 OAPA 1861 may be convicted.

Question 5

DPP v Smith

Answer 5

AR

Cutting hair amounts to ABH under s47