Assault Occasioning Actual Bodily Harm (ABH)

(47) Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable . . . to be kept in penal servitude . . .; . . . . . .

In the first instance it should be possible to determine whether the injury is of GBH, ABH or battery level.

This must be considered with reference to the victim, i.e. the person’s age, health or any other relevant factors. In Bollom [2003] EWCA Crim 2846 the court said ‘To use this case as an example, these injuries on a 6-foot adult in the fullness of health would be less serious than on, for instance, an elderly or unwell person, or someone who was physically or psychiatrically vulnerable or, as here, on a very young child. In deciding whether injuries are grievous, an assessment must be made of, amongst other things, the effect of the harm on the individual. We have no doubt that in determining the gravity of these injuries, it was necessary to consider them in their real context.’

Examples where the injury is most likely to amount to common assault or battery include (this is not an exhaustive list):

grazes

scratching

abrasions

minor bruising

swelling

reddening of the skin

superficial cuts

Examples where the injury is most likely to amount to ABH as it is more than transient or trifling include (this not an exhaustive list):

damaged teeth or bones

extensive or severe bruising

cuts requiring suturing

loss of consciousness

Examples where the injury is most likely to amount to GBH or more include (this not an exhaustive list):

life changing injuries

significant or sustained medical treatment is required (for instance, intensive care or a blood transfusion) even if full or relatively full recovery follows.

In relation to GBH, prosecutors should also assess the evidence of intention to cause GBH.

A clear focus is required at this first stage on whether the relevant legal tests are made out: are the injuries more than transient or trifling? Are they really serious? For GBH, is there evidence of intention or recklessness? See above for the considerations as to intention.

As a matter of law, prosecutors must prove that the level of injury inflicted amounts to the specific offence charged. However, once the available charges have been identified the level of injury alone may not be determinative of the most appropriate charge considering the specific circumstances on a case-by-case basis.