7710731
s.47 OAPA 1861
- Offence to commit
'any assault
occasioning actual
bodily harm'
- Must have the
actus reus of
either an assault
or battery
- Assault must have
caused ABH - can be no
intervening act which
breaks the chain of
causation
- ABH is 'any hurt or
injury calculated to
interfere with the
health or comfort of
V: MILLER
- Actual means it
should not be so
trivial as to be wholly
insignificant:
CHAN-FOOK
- Actual means it
should not be so
trivial as to be wholly
insignificant:
CHAN-FOOK
- Typical ABH injuries:
- Temporary loss of
consciousness: T v
DPP
- Cutting off a substantial
amount of hair: DPP v
SMITH (MICHAEL)
- psychiatric injury, such as
a depressive illness but
not 'mere emotions such
as fear, distress or panic':
CHANFOOK
- Temporary loss of
consciousness: T v
DPP
- Must have the mens rea of
assault or battery (depending
on which caused the ABH)
- D need not intend or be
reckless at to whether ABH is
caused: SAVAGE
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