ABH (Actual Bodily Harm): Meaning, Elements, Cases and Pract...

Introduction

ABH stands for Assault Occasioning Actual Bodily Harm. It is an offence under section 47 of the Offences Against the Person Act 1861 and sits between common assault (s.39 Criminal Justice Act 1988) and more serious offences such as unlawful wounding/inflicting grievous bodily harm (s.20) and causing grievous bodily harm with intent (s.18).

To prove ABH, the prosecution must show an assault or battery that caused harm going beyond the trivial. The mental element relates to the assault or battery itself; there is no need to prove the defendant intended or foresaw the resulting harm. Courts recognise both physical injuries and certain psychiatric injuries as ABH, provided they are more than transient and supported by evidence.

ABH is triable either way and carries a maximum sentence of five years’ imprisonment.

What You’ll Learn

• The legal definition of ABH under s.47 OAPA 1861 and how it compares with common assault and GBH
• The elements of the offence: assault or battery, causation, and what “actual bodily harm” means in practice
• The mental element after R v Savage; DPP v Parmenter [1992] and common misconceptions
• What injuries qualify as ABH, including recognised psychiatric injury and cutting hair
• Key cases: R v Miller [1954], R v Chan‑Fook [1994], R v Roberts [1971], DPP v Smith (2006)
• Practical charging and evidential points for police, prosecutors, and defence teams

Core Concepts

The elements of ABH (actus reus and mens rea)

Actus reus

• Assault or battery: An assault is causing the victim to apprehend immediate unlawful violence. A battery is the intentional or reckless application of unlawful force. Either can be the starting point for ABH.
• Occasioning: The assault or battery must cause the subsequent harm. Standard causation rules apply, including the “thin skull” approach.
• Actual bodily harm: The harm must be more than transient or trifling and must interfere with the victim’s health or comfort (R v Miller [1954]).

Mens rea

• For ABH, the prosecution need only prove that the defendant intended or was reckless as to the assault or battery. There is no requirement that they intended or were reckless as to causing ABH itself (R v Savage; DPP v Parmenter [1992]).
• This is a common pitfall: s.47 does not require intention or foresight of harm, only the assault/battery. By contrast, s.20 requires intention or recklessness as to “some harm.”

Key points to remember

• Spitting can amount to battery. It will only be ABH if it causes more than trivial harm (for example, infection risk evidenced by medical proof or a flare‑up of a condition).
• Common assault where no more than transient discomfort is proved should not be charged as s.47.

What counts as “actual bodily harm”

Definition and threshold

• ABH covers hurt or injury that interferes with health or comfort and is more than transient or trifling (R v Miller [1954]).
• Typical examples include significant bruising, cuts requiring treatment, minor fractures, dislocations, and temporary loss of consciousness (T v DPP [2003]).

Psychiatric injury

• Recognised psychiatric injury can amount to ABH (R v Chan‑Fook [1994]; R v Ireland; R v Burstow [1997]). Mere emotions such as fear, panic, or distress, without a clinically recognised condition, are not enough.
• Expert evidence is generally required to show a recognised disorder and that it is more than transient.

Hair and other bodily features

• Cutting off a substantial amount of hair can constitute ABH because hair is considered part of the body (DPP v Smith [2006]).
• Injuries like significant swelling and long‑lasting discomfort may also qualify.

What is not ABH

• Momentary pain with no lasting effect, superficial reddening, or very minor grazes typically fall below the threshold.
• Distress alone, without medical evidence of a recognised condition, does not suffice.

Causation and the link between assault/battery and harm

• The harm must be caused by the assault or battery. Standard causation principles apply: factual causation (“but for”) and legal causation (“operating and substantial cause”).
• Victim’s reaction: Where a victim reacts to an assault or battery in a way that is reasonably foreseeable, the defendant remains liable for resulting harm (R v Roberts [1971], victim jumping from a moving vehicle).
• Thin skull rule: Take your victim as you find them. Pre‑existing conditions do not reduce liability; they may increase the seriousness of harm caused.

Key Examples or Case Studies

R v Miller [1954] 2 QB 282

• Point: ABH includes hurt or injury that interferes with health or comfort and is more than transient or trifling.
• Application: Bruising that persists and causes discomfort can be ABH.

R v Chan‑Fook [1994] 1 WLR 689

• Point: Recognised psychiatric injury can be ABH. Mere emotions or panic are insufficient.
• Application: Obtain expert evidence to show a clinically recognised condition.

R v Ireland; R v Burstow [1997] AC 147

• Point: Psychiatric injury can be bodily harm; silent telephone calls may amount to assault.
• Application: Where psychological symptoms meet clinical criteria, ABH or even GBH can be charged depending on seriousness.

DPP v Smith (Michael Ross) [2006] EWHC 94 (Admin)

• Point: Cutting off a substantial amount of hair can amount to ABH.
• Application: No need for bleeding or tissue damage; hair is treated as part of the body.

R v Roberts [1971] 56 Cr App R 95

• Point: If a victim’s reaction (e.g., jumping from a car) is reasonably foreseeable in the circumstances, the defendant can be liable for resulting injuries.
• Application: Assessed objectively by reference to the situation created by the defendant.

R v Savage; DPP v Parmenter [1992] 1 AC 699

• Point: For s.47, it is enough that the defendant intended or was reckless as to the assault or battery; no need to intend or foresee ABH.
• Application: Avoid misstating the mental element in charging or submissions.

Specific scenarios

• Push with concussion: A pushes B, B falls and sustains concussion. This is ABH because the battery caused more than transient harm.
• Spitting with medical impact: A spits on B. Battery is made out. If B suffers a flare‑up of a skin condition requiring treatment, ABH may be made out, supported by medical evidence. Without such harm, this would usually be common assault/battery.
• Punch causing distress only: A punches B, causing fear and upset but no injury and no recognised psychiatric condition. This is unlikely to be ABH; common assault/battery is more suitable.

Practical Applications

Charging decisions

• Match the charge to the harm:
  • Common assault/battery where injuries are transient.
  • ABH where harm is more than transient or trifling, including temporary loss of consciousness, significant bruising, notable cuts, or recognised psychiatric injury.
  • Consider s.20 or s.18 if harm is “really serious” or there is intent to cause serious injury.
• Do not require proof the defendant foresaw ABH for s.47; the mental element focuses on the assault or battery itself.

Evidence and proof

• Medical evidence: Photographs, GP/hospital records, and, for psychiatric injury, an expert report confirming a recognised condition.
• Causation: Record the sequence of events and the victim’s reaction. Address any intervening acts and explain why they were reasonably foreseeable.
• Statements: Capture pain duration, loss of consciousness, functional impact (e.g., missed work), and treatment received.

Common issues to watch

• Psychiatric harm: Distress alone is not enough. Ensure a diagnosis, not just symptoms.
• Hair cutting: Document the extent and impact (e.g., clumps cut off), with photographs where possible.
• Spitting: Proves battery; to reach ABH, show actual injury or clinically significant effect.
• Alternative pleading: Where facts might support either common assault or ABH, consider alternative counts or accept a plea to the lesser offence if appropriate.

Defences and lawful activities

• Self‑defence and defence of another apply if force was reasonable in the circumstances.
• Consent does not generally excuse ABH, save for recognised contexts such as properly conducted sport, medical procedures, tattooing/piercing, and genuine horseplay cases. The limits are fact‑sensitive and shaped by case law.

Sentencing pointers

• ABH is triable either way; maximum 5 years’ imprisonment.
• Sentencing guidelines assess harm (injury seriousness/impact) and culpability (intent, weapon, repeated blows, etc.), with aggravating and mitigating features considered.
• Ancillary orders: Restraining orders and compensation for injury are commonly considered.

Practical tip

• When harm is borderline, ask: Is there clear evidence the injury went beyond transient or trifling? If yes, s.47 is likely appropriate; if not, charge common assault/battery.

Summary Checklist

• Offence: Assault or battery that causes harm more than transient or trifling (s.47 OAPA 1861)
• Mens rea: Intention or recklessness as to the assault/battery; no need to foresee ABH (Savage; Parmenter)
• Harm threshold: Interference with health or comfort beyond the trivial (Miller)
• Psychiatric injury: Must be a clinically recognised condition; distress alone is not enough (Chan‑Fook; Ireland/Burstow)
• Examples of ABH: Significant bruising, notable cuts, temporary loss of consciousness, substantial hair cutting
• Causation: Victim’s reasonably foreseeable reaction keeps liability with the defendant (Roberts)
• Evidence: Medical records, photos, expert reports where needed; clear chronology
• Charging: Consider common assault if injuries are minor; consider s.20/s.18 if harm is really serious
• Court and penalty: Either‑way offence; maximum 5 years’ imprisonment; consider restraining and compensation orders

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