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ABH: Mens Rea, Actus Reus of s47, Case Examples, and Sentencing Guidelines for Kids

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Demetra

08/04/2023

Law

Assault occasioning Actual Bodily Harm

ABH: Mens Rea, Actus Reus of s47, Case Examples, and Sentencing Guidelines for Kids

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 relevant case examples.

Key points:

  • ABH is triable either way and carries a maximum sentence of 5 years imprisonment
  • The offence requires proof of common assault, causation, and actual bodily harm
  • Actual bodily harm includes physical injuries and recognizable psychiatric illnesses
  • The mens rea for ABH is the same as that for the underlying assault or battery
...

08/04/2023

476

Assault occasioning Actual Bodily Harm
Under s47 of the Offences Against the Person Act 1861 "Whoever shall be convicted upon
any indictment

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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:

  1. Tu DPP (2003): Loss of consciousness, even briefly, can amount to ABH.

  2. DPP v Smith (2006): Cutting off a substantial amount of hair without consent constitutes ABH.

  3. Chan Fook (1994): Established that fear and panic alone, without medical evidence, are not sufficient for ABH.

  4. 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.

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ABH: Mens Rea, Actus Reus of s47, Case Examples, and Sentencing Guidelines for Kids

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Demetra

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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 relevant case examples.

Key points:

  • ABH is triable either way and carries a maximum sentence of 5 years imprisonment
  • The offence requires proof of common assault, causation, and actual bodily harm
  • Actual bodily harm includes physical injuries and recognizable psychiatric illnesses
  • The mens rea for ABH is the same as that for the underlying assault or battery
...

08/04/2023

476

 

12/13

 

Law

11

Assault occasioning Actual Bodily Harm
Under s47 of the Offences Against the Person Act 1861 "Whoever shall be convicted upon
any indictment

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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:

  1. Tu DPP (2003): Loss of consciousness, even briefly, can amount to ABH.

  2. DPP v Smith (2006): Cutting off a substantial amount of hair without consent constitutes ABH.

  3. Chan Fook (1994): Established that fear and panic alone, without medical evidence, are not sufficient for ABH.

  4. 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
Under s47 of the Offences Against the Person Act 1861 "Whoever shall be convicted upon
any indictment

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Join milions of students

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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:

  1. Common assault
  2. Occasioning (causation)
  3. 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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Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

17 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.