s. 47 Offences Against the Person Act 1861

Question 1

What is the actus reus of a Section 47 offence?

A. An assault or battery which causes actual bodily harm
B. Infliction of grievous bodily harm
C. Causing serious psychiatric harm
D. Applying force with a weapon

Answer 1

A. An assault or battery which causes actual bodily harm
Explanation: The actus reus for s.47 is satisfied by either assault or battery resulting in actual bodily harm. It builds on the base offences of assault or battery​
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Question 2

Which of the following is required for mens rea under Section 47?
A. Intention to cause grievous bodily harm
B. Intention to cause actual bodily harm
C. Mens rea for assault or battery only
D. Mens rea for causing serious psychological harm

Answer 2

C. Mens rea for assault or battery only
Explanation: As confirmed in R v Savage; Parmenter, the prosecution does not need to prove intention or recklessness as to ABH — only the mens rea for the initial assault or battery​
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Question 3

Which of the following injuries would most likely qualify as actual bodily harm?
A. A fleeting moment of fear
B. Transient and trifling redness
C. Loss of consciousness for a few seconds
D. Hurt feelings

Answer 3

C. Loss of consciousness for a few seconds
Explanation: In T v DPP, momentary loss of consciousness was held to be ABH because it interfered with the victim’s sensory function and was more than trivia

Question 3

Which of the following best explains the meaning of “occasioning” in s.47?
A. The use of a weapon during an assault
B. The element of surprise in an attack
C. A threat made after the assault
D. The normal rules of causation apply

Answer 3

D. The normal rules of causation apply
Explanation: “Occasioning” simply means that the injury must be caused by the assault or battery, using standard factual and legal causation principles (e.g., R v Roberts, R v White)​
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Question 4

D punches V in the face. V suffers swelling and a black eye. What offence has D likely committed?
A. Common assault
B. Battery
C. ABH under s.47
D. GBH under s.20

Answer 4

C. ABH under s.47
Explanation: The swelling and black eye constitute actual bodily harm — an injury more than transient or trifling. The base assault + this injury satisfies s.47​

Question 5

D slaps V during an argument. V suffers brief pain but no lasting injury. What is the most likely charge?
A. ABH
B. GBH
C. Battery
D. Assault

Answer 5

C. Battery
Explanation: If the injury is minimal and causes no lasting harm, it falls within the scope of battery — not ABH, which requires harm that is more than merely transien

Question 6

D cuts off a chunk of V’s hair without consent. V is distressed. What is the legal outcome?
A. No offence — hair is dead tissue
B. Assault
C. Battery
D. ABH

Answer 6

D. ABH
Explanation: In DPP v Smith, cutting hair attached to the head amounted to ABH — it interfered with bodily integrity even if the hair itself is dead tissue​

Question 7

D pushes V playfully. V stumbles and breaks their wrist. D did not foresee the injury. What offence has D committed?
A. No offence — there was no intention
B. Assault only
C. Battery only
D. ABH

Answer 7

D. ABH
Explanation: Even if D didn’t foresee harm, if the initial contact was intentional or reckless (battery), and it caused ABH, D is liable under s.47. Mens rea for the harm itself is not required (R v Savage

Question 8

D repeatedly shouts threats at V, who suffers panic attacks requiring medical treatment. Which offence is most appropriate?
A. ABH
B. Battery
C. GBH under s.20
D. Harassment only

Answer 8

A. ABH
Explanation: R v Chan-Fook and R v Ireland established that psychiatric injury can amount to ABH if it is more than trivial and requires clinical treatment.

Question 9

D lies to a police officer about having sharps in their pocket. The officer is pricked by a needle while searching them. What offence may be committed?
A. Assault only
B. Battery only
C. ABH by omission
D. No offence — accidental

Answer 9

C. ABH by omission
Explanation: In DPP v Santana-Bermudez, failing to warn about a hidden danger that causes injury can amount to assault or battery leading to ABH by omission​

Question 10

D throws a drink at V. The glass misses but the liquid splashes on V’s face, causing a painful eye irritation. What is the correct charge?
A. Assault
B. Battery
C. ABH
D. GBH

Answer 10

C. ABH
Explanation: The splash constitutes a battery, and the resulting injury — if more than trivial — qualifies as actual bodily harm.

Question 11

D grabs V’s shirt and shouts threats. V feels fear but suffers no physical harm. Which offence has occurred?
A. Battery
B. Assault
C. ABH
D. No offence

Answer 11

A. Battery
Explanation: Touching a person’s clothing while worn is sufficient for battery (R v Thomas). ABH is not made out due to lack of injury, and assault requires only apprehension, not physical contact.

Question 12

Can a defendant rely on voluntary intoxication to avoid liability for a Section 47 offence?
A. Yes — intoxication always negates mens rea
B. Yes — if they were unaware of their actions
C. No — because ABH is a specific intent offence
D. No — because ABH is a basic intent offence

Answer 12

D. No — because ABH is a basic intent offence
Explanation: Section 47 ABH requires only the mens rea for assault or battery, which are both basic intent offences. Voluntary intoxication is not a defence to basic intent crimes (as per DPP v Majewski). The defendant remains liable even if intoxicated when committing the offence.