Actual Bodily Harm Section 47

Understanding Section 47 Actual Bodily Harm: A Comprehensive Guide

Section 47 of the Offences Against the Person Act 1861 (OAPA 1861) deals with the offence of actual bodily harm (ABH). This seemingly straightforward offence carries significant implications, and understanding its nuances is crucial for both legal professionals and the general public. This article will provide a comprehensive overview of Section 47 ABH, exploring its definition, elements, sentencing, and related defences. We'll delve into case law to illustrate key concepts and provide clarity on this complex area of criminal law.

Introduction to Section 47 ABH

Section 47 states:

"Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable [...] to be imprisoned for any term not exceeding five years."

This seemingly simple sentence encapsulates a complex offence. It's important to understand that Section 47 is not a standalone offence but rather a consequence of an assault. This means the prosecution must prove both an assault and that the assault occasioned actual bodily harm. Let's break down these two key elements.

Assault: The First Element of Section 47

The definition of assault within the context of Section 47 is crucial. Assault, in criminal law, has two key elements:

• Actus Reus (the guilty act): This involves an act by the defendant that causes the victim to apprehend immediate unlawful personal violence. This doesn't necessarily require physical contact. A threatening gesture, a raised fist, or even words can constitute an assault if they cause the victim to reasonably fear immediate violence. The key is the victim's apprehension, not the defendant's intention to actually cause harm. This is often referred to as the apprehension of immediate unlawful violence test.

• Mens Rea (the guilty mind): For an assault, the prosecution only needs to prove that the defendant intended to cause the victim to apprehend immediate unlawful violence, or was reckless as to whether the victim would apprehend such violence. Recklessness means the defendant foresaw the risk of the victim apprehending violence but proceeded regardless.

Key Cases Illustrating Assault:

• R v Ireland; R v Burstow [1998]: This landmark case established that silent phone calls could constitute an assault, demonstrating that the threat of violence can be implied, not explicitly stated, and that psychological harm can be considered within the context of an assault.

• R v Constanza [1997]: This case clarified that the apprehension of violence need not be immediate, but rather within a relatively short timeframe. A series of harassing letters, culminating in a threat, was considered an assault.

Actual Bodily Harm (ABH): The Second Element of Section 47

The second crucial element is the "actual bodily harm" itself. The wording "actual bodily harm" is deliberately broad, encompassing a range of injuries. The key is that it goes beyond merely transient or trifling injuries. The courts have consistently held that:

• Any injury calculated to interfere with the health and comfort of the victim will suffice. This broad definition means the harm doesn't need to be severe or long-lasting.

• Psychological harm can constitute ABH: Following R v Ireland; R v Burstow, psychological harm that is more than mere distress or emotion is sufficient. This includes recognised psychiatric illnesses.

• Temporary injuries count: Even injuries that heal quickly, such as bruises, cuts, or swelling, are included.

Examples of ABH:

• Bruises
• Cuts and lacerations
• Black eyes
• Swollen lips
• Minor fractures
• Temporary loss of consciousness
• Psychiatric illnesses resulting from the assault

What Does NOT Constitute ABH:

• Mere emotional distress: While psychological harm can be ABH, simple upset or hurt feelings generally will not suffice.
• Transient and trifling injuries: A very minor scratch or graze would likely not be considered ABH.

Distinguishing ABH from Grievous Bodily Harm (GBH):

Section 20 of the OAPA 1861 deals with grievous bodily harm (GBH). The distinction between ABH and GBH is crucial as the sentencing vastly differs. GBH refers to serious harm, while ABH encompasses less severe injuries. The line can sometimes be blurred, and the specifics of the injury are key to determining which charge is appropriate. The courts will look at the overall impact of the harm.

Occasioning Actual Bodily Harm: The Causal Link

The prosecution must also prove that the assault occasioned the actual bodily harm. This means there must be a causal link between the assault and the injury. The injury must be a direct result of the assault. This is usually straightforward, but complications can arise in scenarios where the victim suffers harm due to a pre-existing condition or intervening events.

Sentencing for Section 47 ABH

The maximum sentence for Section 47 ABH is five years' imprisonment. However, sentencing is highly dependent on various factors, including:

• Severity of the injury: More severe injuries will generally result in harsher sentences.
• Vulnerability of the victim: Attacks on vulnerable victims, such as the elderly or children, typically lead to higher sentences.
• Use of a weapon: The use of a weapon significantly increases the severity of the offence.
• Defendant's criminal record: Previous convictions will influence the sentence.
• Mitigating circumstances: Factors such as remorse, provocation (although limited in application), and the defendant’s character can influence the judge’s decision.

Defences to Section 47 ABH

Several defences could potentially apply to a Section 47 charge:

• Self-defence: If the defendant used force to protect themselves or another person from immediate unlawful violence, they may have a valid defence. The force used must be proportionate to the threat.

• Consent: In limited circumstances, consent might be a defence. However, it's crucial to note that consent is rarely a defence for ABH, and only applies in very specific situations (e.g., some sporting activities where injuries are an inherent risk). Consent is generally not a defence to violence that causes actual bodily harm.

• Duress: If the defendant acted under duress, meaning they were compelled to commit the offence due to threats, they may have a defence.

• Insanity: If the defendant was suffering from a mental illness at the time of the offence, rendering them unable to understand the nature of their actions, this could be a defence.

• Intoxication: Intoxication is generally not a defence, although it might affect the assessment of mens rea in some cases.

Frequently Asked Questions (FAQs)

Q: What's the difference between assault and battery?

A: Assault involves causing the victim to apprehend immediate unlawful personal violence. Battery involves unlawful physical contact. Section 47 requires both an assault and the resulting actual bodily harm.

Q: Can a slap result in a Section 47 charge?

A: Yes, a slap can constitute ABH if it causes an injury that goes beyond a mere transient or trifling injury. This would depend on the force used and the resulting injury.

Q: What happens if someone is charged with Section 47?

A: The individual will be arrested and potentially charged. The case will proceed through the court system, with potential penalties including imprisonment and/or a fine.

Q: Can I be charged with Section 47 if I didn't intend to cause harm?

A: Yes, recklessness is sufficient for the mens rea of assault. If you foresaw the risk of causing injury but went ahead anyway, you could be charged.

Q: What is the role of the Crown Prosecution Service (CPS) in Section 47 cases?

A: The CPS will assess the evidence to determine whether there is enough evidence to bring a prosecution. They consider various factors, including the strength of the evidence, the likelihood of conviction, and the public interest.

Conclusion

Section 47 of the OAPA 1861, covering actual bodily harm, is a complex area of criminal law. Understanding the definition of assault, the meaning of actual bodily harm, and the requirement for a causal link between the two are paramount. The broad definition of ABH means that seemingly minor injuries can lead to significant consequences. The potential penalties, ranging up to five years imprisonment, underscore the seriousness of this offence. Knowing your rights and seeking legal advice if you are implicated in a Section 47 case is crucial. This overview provides a solid foundation for understanding this complex area of law, but seeking professional legal counsel is always advisable for specific cases.