Offences against the person - Assault occasioning actual bodily harm (s.47 Offences Against the Person Act 1861)

Learning Outcomes

After reading this article, you will be able to:

• Identify and explain the actus reus and mens rea of assault occasioning actual bodily harm (ABH) under s.47 Offences Against the Person Act 1861.
• Distinguish ABH from other non-fatal offences against the person.
• Apply the legal rules on causation and foreseeability in ABH scenarios.
• Recognise when defences such as consent or self-defence may apply to s.47.
• Analyse practical examples and answer SQE1-style questions on this topic.

SQE1 Syllabus

For SQE1, you are required to understand the offence of assault occasioning actual bodily harm (ABH) under s.47 Offences Against the Person Act 1861. In your revision, focus on:

• The elements of actus reus and mens rea for s.47 ABH.
• The meaning of "actual bodily harm" and what injuries qualify.
• The requirement for causation between the assault or battery and the harm.
• The mental element required—intention or recklessness as to the assault or battery, not the harm.
• The role of consent and self-defence as potential defences to s.47.
• How s.47 fits within the hierarchy of non-fatal offences against the person.
• The practical application of these principles to SQE1-style scenarios.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What are the two essential elements of actus reus for s.47 ABH?
2. Does the defendant need to intend or foresee actual bodily harm to be guilty under s.47?
3. Can psychiatric injury amount to actual bodily harm for s.47?
4. In what circumstances, if any, is consent a defence to s.47 ABH?

Introduction

Assault occasioning actual bodily harm (ABH) under s.47 Offences Against the Person Act 1861 is a key non-fatal offence tested on the SQE1. It sits between common assault/battery and the more serious offences of grievous bodily harm (GBH) under ss.20 and 18. For s.47, the prosecution must prove an assault or battery which causes actual bodily harm to the victim. The defendant need only intend or be reckless as to the assault or battery, not the harm that results. Understanding the elements, relevant definitions, and common defences is essential for SQE1 success.

Actus Reus of s.47 ABH

To establish the actus reus of s.47, the prosecution must prove:

1. An assault or battery by the defendant.
2. That this assault or battery occasioned (caused) actual bodily harm to the victim.

Key Term: assault An act causing the victim to apprehend immediate unlawful force.

Key Term: battery The application of unlawful force to another person.

Key Term: actual bodily harm (ABH) Any injury or hurt which interferes with the health or comfort of the victim and is more than merely transient or trifling. This includes recognised psychiatric injury but not mere emotions.

What injuries qualify as ABH?

ABH covers a range of injuries, including:

• Bruises, grazes, scratches, swelling, or minor fractures.
• Loss of consciousness (even temporarily).
• Recognised psychiatric injury (e.g., clinical depression), but not simple fear or panic.

Key Term: occasioning The requirement that the assault or battery must cause the actual bodily harm.

Causation

The prosecution must show that the defendant's assault or battery was the factual and legal cause of the actual bodily harm.

Key Term: causation The link between the defendant's conduct and the result; includes both factual causation ("but for" test) and legal causation (the conduct must be a substantial and operating cause of the harm).

Worked Example 1.1

Question:
Sam pushes Lee during an argument. Lee falls, hits his head, and suffers a concussion. Sam claims he did not intend to injure Lee. Is Sam guilty of s.47 ABH?

Answer: Yes. Sam intentionally applied unlawful force (battery). The battery caused actual bodily harm (concussion). Sam need not intend or foresee the injury—intention or recklessness as to the battery is sufficient.

Mens Rea of s.47 ABH

The defendant must intend or be reckless as to the assault or battery. There is no requirement that the defendant intends or foresees actual bodily harm.

Key Term: recklessness Awareness of a risk that unlawful force may be applied, and unreasonably taking that risk.

Worked Example 1.2

Question:
Jade throws a glass of water at Pat, intending only to annoy him. The glass slips, breaks, and cuts Pat's hand. Jade says she never intended to cause injury. Is Jade guilty of s.47 ABH?

Answer: Yes. Jade intentionally committed a battery. The resulting injury (cut) is actual bodily harm. Her lack of intention or foresight as to the injury is irrelevant for s.47.

Psychiatric Injury as ABH

Psychiatric injury can amount to ABH if it is a recognised clinical condition (e.g., anxiety disorder, depression). Mere emotions, such as fear or distress, do not suffice.

Worked Example 1.3

Question:
Maya is subjected to repeated threats and develops a medically diagnosed anxiety disorder. Is this ABH?

Answer:
Yes, provided the anxiety disorder is a recognised psychiatric injury. Mere upset or fear would not be enough.

Consent and Self-Defence

Consent is generally not a defence to s.47 ABH unless the harm occurs in the context of lawful activities (e.g., properly conducted sport, medical treatment, or reasonable horseplay). Consent is not a defence to ABH caused during fights or unlawful acts.

Key Term: consent Agreement to the application of force, which may make an assault or battery lawful in limited circumstances.

Key Term: self-defence The use of reasonable force to protect oneself or another, or to prevent crime.

Exam Warning

For s.47, the defendant need not intend or foresee actual bodily harm. The only mental element required is intention or recklessness as to the assault or battery. This is a common area for exam mistakes.

Hierarchy of Non-Fatal Offences

Key Point Checklist

This article has covered the following key knowledge points:

• The actus reus of s.47 ABH is an assault or battery causing actual bodily harm.
• Actual bodily harm includes injuries more than transient or trifling, and recognised psychiatric injury.
• The mens rea is intention or recklessness as to the assault or battery, not the harm.
• Causation must be established between the assault/battery and the harm.
• Consent is rarely a defence to s.47 ABH except in limited lawful contexts.
• Self-defence may apply if the force used was reasonable and necessary.
• For s.47, the defendant need not intend or foresee actual bodily harm.

Key Terms and Concepts

• assault
• battery
• actual bodily harm (ABH)
• occasioning
• causation
• recklessness
• consent
• self-defence