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6 Jan 2026
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ABH: Mens Rea, Actus Reus of s47, Case Examples, and Sentencing Guidelines for Kids
Demetra
@demetra_21
Mens Rea of ABH and Case Examples
This section delves into the mental element required for ABH and provides relevant case examples to illustrate key points.
Mens Rea of Section 47
The mens rea of ABH is the same as that required for the underlying assault or battery. This means the defendant must display intention or subjective recklessness as to causing fear of unlawful violence or applying unlawful force.
Example: In Roberts (1971), the mens rea for common assault was satisfied as the defendant intended to apply unlawful force when he touched the victim inappropriately.
Example: Savage (1991) demonstrated that the application of unlawful force (throwing beer over the victim) was sufficient to satisfy the mens rea required for ABH.
Case Examples
Several ABH case examples UK help illustrate the application of the law:
-
Tu DPP (2003): Loss of consciousness, even briefly, can amount to ABH.
-
DPP v Smith (2006): Cutting off a substantial amount of hair without consent constitutes ABH.
-
Chan Fook (1994): Established that fear and panic alone, without medical evidence, are not sufficient for ABH.
-
R v Burstow 1997 case summary: Confirmed that "bodily harm" includes recognizable psychiatric illness.
Highlight: These cases demonstrate the range of injuries and circumstances that can lead to an ABH conviction, from physical harm to psychiatric injuries.
Sentencing Guidelines
While specific Section 47 assault sentencing guidelines are not provided in the transcript, it's important to note that ABH is a triable-either-way offence with a maximum sentence of five years imprisonment.
Vocabulary: Triable-either-way means the case can be heard in either the magistrates' court or the crown court, depending on the severity of the offence and the defendant's choice.
Understanding these elements and case examples is crucial for legal professionals, law enforcement, and anyone involved in the criminal justice system to properly identify, prosecute, and defend cases of Assault occasioning Actual Bodily Harm.
Assault Occasioning Actual Bodily Harm: Definition and Elements
Section 47 of the Offences Against the Person Act 1861 defines Assault occasioning Actual Bodily Harm (ABH) as an offence punishable by up to five years imprisonment. This section explores the key components of ABH and its legal definition.
Definition of ABH
An assault occasioning actual bodily harm is an assault or battery that causes actual bodily harm. The offence requires the intention to cause fear of unlawful force, subject the victim to unlawful force, or be subjectively reckless as to causing assault or battery.
Definition: ABH is defined as an assault or battery causing actual bodily harm, with the intention or recklessness to cause fear or apply unlawful force.
Actus Reus of ABH
The actus reus of s47 ABH consists of three essential elements:
- Common assault
- Occasioning (causation)
- Actual Bodily Harm
Common Assault
To establish ABH, it is necessary to prove that an assault or battery occurred and that this caused the actual bodily harm.
Example: Cases such as R v Misalati, R v Ireland, R v Constanza, and R v Lamb demonstrate various forms of common assault that could lead to ABH.
Occasioning (Causation)
Causation in ABH includes both factual and legal causation.
Highlight: Factual causation is often demonstrated using the 'but for' test, as seen in cases like White (1910) and Pagett (1983). Legal causation requires the harm to be "more than minimal," as established in R v Kimsey.
Actual Bodily Harm
Actual bodily harm, as defined in Miller (1954), includes "any hurt or injury calculated to interfere with the health or comfort of the victim." It must be more significant than minor physical contact and can include bruises, grazes, and scratches.
Example: In Tu DPP (2003), it was held that loss of consciousness, even for a short period, can amount to ABH. In DPP v Smith (2006), cutting off a substantial amount of hair without consent was considered ABH.
Highlight: Psychiatric injury can also constitute ABH, but it must be a recognizable psychiatric illness, not merely emotions such as fear or distress, as established in Chan Fook (1994) and confirmed in Burstow (1997).
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Anna
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Basil
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This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
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Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
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I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
ABH: Mens Rea, Actus Reus of s47, Case Examples, and Sentencing Guidelines for Kids
Demetra
@demetra_21
Assault occasioning Actual Bodily Harm (ABH) is a serious offence under Section 47 of the Offences Against the Person Act 1861. This summary explores the key elements of ABH, including its definition, actus reus, and mens rea, as well as... Show more
Mens Rea of ABH and Case Examples
This section delves into the mental element required for ABH and provides relevant case examples to illustrate key points.
Mens Rea of Section 47
The mens rea of ABH is the same as that required for the underlying assault or battery. This means the defendant must display intention or subjective recklessness as to causing fear of unlawful violence or applying unlawful force.
Example: In Roberts (1971), the mens rea for common assault was satisfied as the defendant intended to apply unlawful force when he touched the victim inappropriately.
Example: Savage (1991) demonstrated that the application of unlawful force (throwing beer over the victim) was sufficient to satisfy the mens rea required for ABH.
Case Examples
Several ABH case examples UK help illustrate the application of the law:
-
Tu DPP (2003): Loss of consciousness, even briefly, can amount to ABH.
-
DPP v Smith (2006): Cutting off a substantial amount of hair without consent constitutes ABH.
-
Chan Fook (1994): Established that fear and panic alone, without medical evidence, are not sufficient for ABH.
-
R v Burstow 1997 case summary: Confirmed that "bodily harm" includes recognizable psychiatric illness.
Highlight: These cases demonstrate the range of injuries and circumstances that can lead to an ABH conviction, from physical harm to psychiatric injuries.
Sentencing Guidelines
While specific Section 47 assault sentencing guidelines are not provided in the transcript, it's important to note that ABH is a triable-either-way offence with a maximum sentence of five years imprisonment.
Vocabulary: Triable-either-way means the case can be heard in either the magistrates' court or the crown court, depending on the severity of the offence and the defendant's choice.
Understanding these elements and case examples is crucial for legal professionals, law enforcement, and anyone involved in the criminal justice system to properly identify, prosecute, and defend cases of Assault occasioning Actual Bodily Harm.
Sign up to see the contentIt's free!
Access to all documents
Improve your grades
Join milions of students
By signing up you accept Terms of Service and Privacy Policy
Assault Occasioning Actual Bodily Harm: Definition and Elements
Section 47 of the Offences Against the Person Act 1861 defines Assault occasioning Actual Bodily Harm (ABH) as an offence punishable by up to five years imprisonment. This section explores the key components of ABH and its legal definition.
Definition of ABH
An assault occasioning actual bodily harm is an assault or battery that causes actual bodily harm. The offence requires the intention to cause fear of unlawful force, subject the victim to unlawful force, or be subjectively reckless as to causing assault or battery.
Definition: ABH is defined as an assault or battery causing actual bodily harm, with the intention or recklessness to cause fear or apply unlawful force.
Actus Reus of ABH
The actus reus of s47 ABH consists of three essential elements:
- Common assault
- Occasioning (causation)
- Actual Bodily Harm
Common Assault
To establish ABH, it is necessary to prove that an assault or battery occurred and that this caused the actual bodily harm.
Example: Cases such as R v Misalati, R v Ireland, R v Constanza, and R v Lamb demonstrate various forms of common assault that could lead to ABH.
Occasioning (Causation)
Causation in ABH includes both factual and legal causation.
Highlight: Factual causation is often demonstrated using the 'but for' test, as seen in cases like White (1910) and Pagett (1983). Legal causation requires the harm to be "more than minimal," as established in R v Kimsey.
Actual Bodily Harm
Actual bodily harm, as defined in Miller (1954), includes "any hurt or injury calculated to interfere with the health or comfort of the victim." It must be more significant than minor physical contact and can include bruises, grazes, and scratches.
Example: In Tu DPP (2003), it was held that loss of consciousness, even for a short period, can amount to ABH. In DPP v Smith (2006), cutting off a substantial amount of hair without consent was considered ABH.
Highlight: Psychiatric injury can also constitute ABH, but it must be a recognizable psychiatric illness, not merely emotions such as fear or distress, as established in Chan Fook (1994) and confirmed in Burstow (1997).
We thought you’d never ask...
What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
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Can't find what you're looking for? Explore other subjects.
Students love us — and so will you.
4.9/5
App Store
4.8/5
Google Play
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user
The app is very easy to use and well designed. I have found everything I was looking for so far and have been able to learn a lot from the presentations! I will definitely use the app for a class assignment! And of course it also helps a lot as an inspiration.
Stefan S
iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
iOS user
The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
Android user
In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
Paul T
iOS user