Assault occasioning actual bodily harm

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Practice notes

Assault occasioning actual bodily harm

Published by a ��˾��ҹ�� Corporate Crime expert

Practice notes

The offence of Actual bodily harm

The offence of assault occasioning actual bodily harm (ABH) can be tried in either the magistrates' court or the Crown Court. Most offences of ABH are tried in the magistrates' court unless the court considers its powers of sentencing are insufficient (see: Sentencing for ABH below).

Elements of the offence

Under the Offences Against the Person Act 1861 (OATPA 1861), the prosecution must prove:

•
an assault or battery, and
•
the assault or battery caused the victim actual bodily harm

Assault

The prosecution must prove:

•
conduct
•
that intentionally or recklessly
•
causes the victim to apprehend immediate unlawful violence

It is not necessary that any violence is actually used. It is the fear or apprehension of violence which is required.

Battery

The prosecution must prove:

•
an infliction of unlawful force on another person, and
•
the force applied was intentional or reckless

The courts have held that it is not necessary that the force be applied directly. For example, in DPP v K (a

Jurisdiction(s):

United Kingdom

Key definition:

Actual bodily harm definition

What does Actual bodily harm mean?

Any injury calculated to interfere with the health or comfort of the victim. It does not need to be permanent but it must be more than merely transient.

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