Assault occasioning actual bodily harm, usually shortened to ABH, is an offence under section 47 of the Offences Against the Person Act 1861. In England and Wales, it is an either-way offence, meaning it can be tried in the magistrates' court or the Crown Court.
ABH sits between common assault or battery and the more serious grievous bodily harm offences. It is used where an assault or battery causes harm that is more than minor, but where the case does not properly amount to unlawful wounding or grievous bodily harm.
Legal Basis
Section 47 of the Offences Against the Person Act 1861 creates the offence. The modern statement of the offence is that a person intentionally or recklessly assaults another and thereby causes actual bodily harm.
The prosecution normally has to prove:
- An assault or battery.
- The required mental element for that assault or battery.
- Actual bodily harm.
- Causation between the assault and the harm.
The prosecution does not have to prove that the defendant intended to cause ABH specifically. It must prove the underlying assault or battery and that ABH was caused.
Actual Bodily Harm
Actual bodily harm means bodily harm that is more than transient or trifling. It does not have to be permanent.
Examples that may amount to ABH include:
- A broken or lost tooth.
- Extensive or multiple bruising.
- A displaced broken nose.
- Minor fractures.
- Cuts requiring medical treatment.
- A recognised psychiatric injury supported by medical evidence.
Minor reddening, scratches, superficial cuts, or brief discomfort may be more appropriate for common assault or battery, depending on the circumstances.
Psychological Injury
Psychological injury can amount to bodily harm where it is a recognised psychiatric injury. Ordinary fear, distress, panic, or upset is not usually enough on its own. CPS guidance says psychiatric injury should be supported by medical evidence.
Either-Way Status
ABH is triable either way. Less serious cases may stay in the magistrates' court. More serious cases can be sent to the Crown Court, especially where the injuries, background, weapons, vulnerability, repeated blows, or other aggravating features make magistrates' court powers inadequate.
The Sentencing Council guideline gives section 47 ABH a maximum of five years' custody in the Crown Court.
Relationship With Other Assault Offences
Common assault and battery are lower-level offences. They cover unlawful violence or apprehension of immediate unlawful violence, usually without serious injury.
Section 20 of the Offences Against the Person Act 1861 covers unlawful wounding or inflicting grievous bodily harm. That is more serious than ABH because it involves a wound or really serious harm.
Section 18 covers wounding or causing grievous bodily harm with intent. It is more serious again because it requires specific intent to cause grievous bodily harm or to resist or prevent lawful apprehension in the circumstances covered by the section.
Consent
Consent can be a defence to some batteries, but it is limited for more serious harm. CPS guidance refers to R v Brown, which confirmed that consent is not normally a defence to inflicting ABH or GBH unless a recognised lawful exception applies, such as properly conducted sport, surgery, or other accepted contexts.
Practical Examples
Single Punch With Minor Bruising
A single punch causing slight redness or a small bruise may be common assault or battery rather than ABH, depending on the evidence.
Broken Tooth
A punch that breaks a tooth is likely to be considered ABH because the injury goes beyond transient or trifling harm.
Recognised Psychiatric Injury
An assault causing a diagnosed psychiatric injury may support ABH if medical evidence proves the injury and causation.
Serious Knife Injury
A stabbing or deep cut may be too serious for ABH and may instead be charged as unlawful wounding, grievous bodily harm, or another offence depending on injury and intent.
See Also
- Offences Against the Person Act 1861
- Common assault
- Grievous bodily harm
- Self-defence in English law
- Assault with Intent to Resist Arrest
References
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