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'''Assault Occasioning Actual Bodily Harm''' is a legal concept under the jurisdiction of the [[United Kingdom]] (UK) that pertains to a specific criminal offence. This offence lies at the crossroads of assault and bodily harm, addressing scenarios wherein an individual intentionally or recklessly inflicts physical harm on another person, resulting in observable bodily injuries. The term is recognised within the UK legal framework and entails distinct legal provisions and associated penalties.
	'''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.

== Definition ==
The offence of Assault Occasioning Actual Bodily Harm comprises several key elements:
	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.

# Intention or Recklessness: The accused must possess the intention to cause bodily harm to the victim or act in a manner that exhibits reckless disregard for the potential harm caused.
# Bodily Harm: The harm inflicted on the victim must exceed minor injuries or superficial harm. This typically encompasses injuries such as cuts, bruises, fractures, or other forms of physical harm necessitating medical attention.
# Causation: There must be a direct causal link between the actions of the accused and the bodily harm suffered by the victim. In essence, the harm must directly result from the actions taken by the defendant.
	== 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.

== Legal Implications ==
Conviction for the offence of Assault Occasioning Actual Bodily Harm carries significant legal consequences within the context of UK law. Penalties can vary based on jurisdiction and specific circumstances. Potential penalties include fines, probation, mandatory community service, and custodial sentences. The severity of the penalties depends on factors such as the extent of the injuries inflicted, the intent of the defendant, and any mitigating or aggravating circumstances.
	The prosecution normally has to prove:

== Relation to Other offences ==
Assault Occasioning Actual Bodily Harm is distinct from related criminal offences such as simple assault, grievous bodily harm, and attempted murder. This distinction is founded on the seriousness of the harm caused and the defendant's intent or recklessness. Simple assault involves causing fear of immediate physical harm without necessarily causing physical injury. Grievous bodily harm pertains to injuries resulting in permanent disfigurement or disability. Attempted murder involves a deliberate but unsuccessful attempt to cause the death of another individual.
	* An assault or battery.
	* The required mental element for that assault or battery.
	* Actual bodily harm.
	* Causation between the assault and the harm.

== UK Legal Context ==
In the United Kingdom, the concept of Assault Occasioning Actual Bodily Harm is rooted in the [[Offences Against the Person Act 1861]]. This legislation outlines the specifics of the offence and provides the legal framework for its prosecution within the UK jurisdiction.
	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 ==
	* [https://www.legislation.gov.uk/ukpga/Vict/24-25/100/section/47 Offences Against the Person Act 1861, section 47]
	* [https://www.cps.gov.uk/prosecution-guidance/offences-against-person-incorporating-charging-standard Crown Prosecution Service: Offences against the person]
	* [https://sentencingcouncil.org.uk/guidelines/assault-occasioning-actual-bodily-harm-racially-or-religiously-aggravated-abh/ Sentencing Council: ABH guideline]
	* [https://www.bailii.org/uk/cases/UKHL/1993/19.html R v Brown [1993] UKHL 19]
	* [https://www.bailii.org/ew/cases/EWCA/Crim/2006/1139.html R v D [2006] EWCA Crim 1139]
	* [https://www.bailii.org/ew/cases/EWCA/Crim/1993/1.html R v Chan-Fook [1993] EWCA Crim 1]

	[[Category:Law]]
	[[Category:Criminal law]]
	[[Category:UK law]]