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Miller (1954) established that ABH includes any hurt or injury that interferes with health or comfort. R(T) v DPP (2003) found that loss of consciousness, even momentarily, constitutes ABH. Psychiatric injuries can be ABH but not mere emotions; they require an identifiable clinical condition like Burstow (1997) where stalking caused severe depression. The mens rea for common assault is enough for ABH; the defendant must intend or recklessly subject the victim to unlawful force as in Roberts (1971) and Savage (1991), even if they did not intend or foresee actual bodily harm.

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Section 47 (ABH) OAPA Key Cases. Case Facts Principles (You don’t need the facts for ABH was held to be ‘any hurt Miller the Miller case) or injury calculated to (1954) interfere with the health or comfort of the victim’. D and a group of other youths R(T) v DPP chased V. V fell to the ground, Loss of consciousness even he was kicked by D and lost momentarily was held to be (2003) consciousness. He remembered Actual Bodily Harm. nothing until being woken by a police officer. Psychiatric injury is classed as ABH. (You don’t need the facts for However, H of L pointed out that it Chan Fook does not include ‘mere emotions such the Chan Fook case) (1994) as fear, distress or panic’ nor does it include ‘states of mind that are not themselves evidence of some identifiable clinical condition.’ D carried out an 8 month campaign The H of L approved the decision in against an ex-girlfriend, including Chan Fook where it said that ‘bodily Burstow silent and abusive phone calls, hate harm’ in ss18, 20 and 47 of OAPA (1997) mail and stalking. This caused V to (1861) must be interpreted so as to suffer from serve depression. D was include recognisable psychiatric convicted with s.20 OAPA. illness. D was driving a car and made advances to the The mens rea for of a common assault is girl in the passenger seat. He tried to take enough for the mens rea of S.47. D must Roberts her coat off. She feared he was going to intend or be subjectively reckless as to commit a more serious offence and jumped whether the V fears or is subjected to (1971) from the car as it was travelling at 30 mph. unlawful force. There is no need for the D As a result she was slightly injuried. D was to intend or be reckless as to whether found guilty of ABH. actual bodily harm is caused. D threw her beer over another woman The H of L confirmed the in a pub. The glass slipped from her decision in Roberts. The Savage hand and V was cut by it. D had not intention to apply unlawful (1991) intended her to be injured, nor had she realised there was a risk of force is sufficient for the s.47 injury. She was convicted of s.47. offence.
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  • 1. Section 47 (ABH) OAPA Key Cases. Case Facts Principles (You don’t need the facts for ABH was held to be ‘any hurt Miller the Miller case) or injury calculated to (1954) interfere with the health or comfort of the victim’. D and a group of other youths R(T) v DPP chased V. V fell to the ground, Loss of consciousness even he was kicked by D and lost momentarily was held to be (2003) consciousness. He remembered Actual Bodily Harm. nothing until being woken by a police officer. Psychiatric injury is classed as ABH. (You don’t need the facts for However, H of L pointed out that it Chan Fook does not include ‘mere emotions such the Chan Fook case) (1994) as fear, distress or panic’ nor does it include ‘states of mind that are not themselves evidence of some identifiable clinical condition.’ D carried out an 8 month campaign The H of L approved the decision in against an ex-girlfriend, including Chan Fook where it said that ‘bodily Burstow silent and abusive phone calls, hate harm’ in ss18, 20 and 47 of OAPA (1997) mail and stalking. This caused V to (1861) must be interpreted so as to suffer from serve depression. D was include recognisable psychiatric convicted with s.20 OAPA. illness. D was driving a car and made advances to the The mens rea for of a common assault is girl in the passenger seat. He tried to take enough for the mens rea of S.47. D must Roberts her coat off. She feared he was going to intend or be subjectively reckless as to commit a more serious offence and jumped whether the V fears or is subjected to (1971) from the car as it was travelling at 30 mph. unlawful force. There is no need for the D As a result she was slightly injuried. D was to intend or be reckless as to whether found guilty of ABH. actual bodily harm is caused. D threw her beer over another woman The H of L confirmed the in a pub. The glass slipped from her decision in Roberts. The Savage hand and V was cut by it. D had not intention to apply unlawful (1991) intended her to be injured, nor had she realised there was a risk of force is sufficient for the s.47 injury. She was convicted of s.47. offence.