A Guide to Actual Bodily Harm Offences

Actual bodily harm (ABH) is one of the most common offences relating to violence. It is set out in a very old statute dating back to 1861, which uses antiquated language. So, if you are struggling to understand what is written on your charge sheet, this could be why. This article aims to demystify the offence of actual bodily harm. We provide a definition of ABH and look at the difference between ABH and the more serious offence of grievous bodily harm (GBH). We then consider the sentencing guidelines for ABH and some examples of the types of incidents that may lead to this charge being brought. Finally, we consider the defences that you may be able to rely upon.

What is the definition of actual bodily harm?

Assault occasioning actual bodily harm (ABH) is set out at s47 of the Offences Against the Person Act 1861, which states:

‘Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable . . . to be kept in penal servitude’

Essentially, this means that conviction for the offence could result in a prison sentence. The Act does not provide a definition of ‘assault’ nor does it provide details of the level of injury that would be required in order for the courts to find that an assault had caused ABH. These are matters that have been interpreted over the years by the courts.

For the purposes of ABH, an assault is an act that causes a person to suffer unlawful violence. Bodily harm has its ordinary meaning. It includes any act that causes discomfort or harm to a person’s health. The harm does not need to be serious or long-term; these more serious types of assaults would be more likely to be prosecuted as GBH. Sometimes ABH is also referred to on the charge sheet as ‘battery’.

In order to be convicted of ABH, the jury must find that either you intended to assault the victim, or that you recklessly assaulted them (i.e., that you didn’t really care whether they suffered injury as a result of your actions).

What is the difference between actual bodily harm and grievous bodily harm?

There are three key differences between ABH and GBH. Firstly, for ABH, the harm caused could be temporary, or mild, whereas for GBH, the harm must be really serious.

Secondly, the mental intention required for ABH is the intention to assault, or recklessness to assault. By contrast, the required mental intention for a person accused of GBH is the intention or foresight of some harm caused by the assault. Therefore the mental intention test for GBH is a higher test to prove than ABH.

Thirdly, GBH is an indictable only offence, which means that it can only be heard in the Crown Court. By contrast, ABH is an either way offence, which means that the defendant can elect whether the case is heard in the Magistrates Court or the Crown Court.

What are the actual bodily harm sentencing guidelines?

For ABH, a defendant will receive, at a minimum, a high level community order, or at a maximum, a five year custodial sentence.

When determining the sentence for ABH, the court will assess the level of harm caused to the victim and the culpability (blameworthiness) of the defendant.

Factors that suggest greater harm include psychological harm caused to the victim and the particular vulnerability of a victim. For example, a person with a pre-existing disability. Factors that indicate greater blameworthiness include pre-meditation, an act that was motivated by hostility towards a protected characteristic such as race, religion, or sexual orientation, and/or the use of a weapon.

Read the Sentencing Guidelines for ABH here.

Are there any defences to actual bodily harm?

Lawful Sport: If the injury took place during a lawful sporting activity, such a rugby match, you may be able to rely upon this defence. It does not apply if you maliciously intended to cause the injury. If the court finds that you acted aggressively and dangerously in a way which went beyond the usual risks of the sport, the defence may not be successful.

Consent: In some circumstances, you may be able to defend a charge of ABH on the grounds that the victim consented to the activity. This has been used by defendants charged in relation to harm caused by sadomasochistic sexual activities. However, there is legal debate in relation to the extent to which consent should be allowed to be a defence in these circumstances. If you believe that this offence could apply to you, you should seek specialist legal advice on the facts of your case.

General defences

In some circumstances, you may be able to rely upon what is called a ‘general defence’ to ABH. General defences relate to the person accused rather than the crime itself. General defences include:

Self-defence: The law says that if you are attacked, you may use the force that is reasonably necessary to defend yourself. You may also use reasonable force to defend another person or property.

Use of force in prevention of crime: You are permitted to use reasonable force to prevent a crime from taking place or in order to assist in a lawful arrest. For example, if you injured a person in an attempt to prevent them from assaulting someone else.

Intoxication: The courts are reluctant to accept voluntary intoxication (choosing to consume drugs and alcohol) as an excuse for criminal behaviour. Whilst intoxication may mean that you could not have formed the intention to harm, it will not generally be accepted as a defence to recklessness. If you were drugged by someone else can ended up injuring someone, you might be able to rely on the intoxication defence.

Automatism: If you were not aware of your actions when committing the offence, in some rare circumstances, you may be able to rely upon the defence of automatism. Generally, if you were under the voluntary influence of alcohol or illicit drugs you will not be able to rely on this defence.

Duress/necessity: This is where you were forced by a person or a set of circumstances to commit an offence. For example, if a gang member told another gang member to kick the victim, or else she would be killed. The court would consider whether the defendant reasonably feared death or serious injury if she did not commit the act, and whether a reasonable person in her situation would have shared those fears and responded in the same way.

Insanity: If the court finds that due to mental illness, you lacked the ability to reason such that you did not know that the act that you were doing was against the law, you may be acquitted on the grounds of insanity.

Mistake: This defence could apply if you were mistaken as to certain factual circumstances and would not have committed the offence if you had known otherwise. For example, perhaps you believed that the victim had stolen from a shop, and you attempted to conduct a citizen’s arrest, in the course of which the victim suffered minor injuries. It subsequently transpired that the victim was innocent of any crime. The court will consider whether your belief was honest but mistaken, and if it was reasonable in the circumstances. You cannot rely on your mistaken understanding of the law as a defence, though this could lead to you receiving a lesser sentence.

Defences are a complex area of the law and you should consult a solicitor for advice on the facts of your case.

What are some actual bodily harm examples?

• The defendant punches the victim in the arm in a bar brawl, resulting in visible bruising to the victim.
• The defendant scratches the victim during a domestic incident, resulting in minor cuts to their face.
• Whilst running down the street to avoid arrest, the defendant roughly pushes an elderly person out of the way, recklessly, but without intending to harm them. The person falls and suffers from psychological shock and bruising.
• The defendant performs an aggressive and illegal tackle during rugby, causing bruising and shock to the victim. The court finds that the defence of lawful sport does not apply, because the defendant acted recklessly and dangerously.
• During a sado-masochistic sexual act, the defendant whips the victim causing minor lacerations and bruising to their back. The defendant alleges that the victim consented to the activity, however the court does not accept the defendant’s defence, finding that the injuries went beyond that which the victim could have reasonably consented to.
• A nightclub bouncer pushes an inebriated patron aggressively against the wall, they bang their head, resulting in bruising.

How can I get help with Actual Bodily Harm Offences?

Have you been accused of actual bodily harm? If so, don’t delay in finding the right legal advice. Stuart Miller Solicitors is firm of specialised criminal defence experts with experience in countless ABH defence cases. We are ready to help you with robust advice on your case and realistic guidance on the options that are available to you. Contact us for a friendly no obligation consultation today.

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Ayesha Akbar

20:24 06 Mar 24

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10:14 16 Feb 24

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15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

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20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

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20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

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22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

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23:14 19 Jan 24

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Just spoke to this guy from this solicitors with a concern, And without even knowing me has listened and given me some reassurance and put my mind at rest...Thank you so much .

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20:09 05 Jan 24

They are very good Solicitors. There are 3 people I trust them very well. Small Mohammed. Luke, and Shamika Bonner, she is the best of all, and Luke is the best as well.

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19:54 19 Dec 23

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21:00 09 Dec 23

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10:48 23 Nov 23

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If you need a criminal defence solicitor that delivers results, contact Mr Zeb. He s the best in his field. From the moment I walked into Stuart Miller Solicitor's office, I knew I was in good hands. His unmatched expertise and personalized approach ensured that my charges dropped before the hustle of reaching out to court, and I couldn't be happier with the outcome. Stuart Miller Solicitors are very good but Mr Zeb is the best. I highly recommend him and the firm to anyone facing legal challenges

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09:59 07 Oct 23

Just want to say a big ‘Thank you’ to Iysha who has represented my daughter in the police station. Iysha remained very calm and professional during this long, painful process while maintaining good communications with the family. She has provided useful advice to my daughter and demonstrated good expertise in this complex area. We hope to continue to work with StuartMiller and secure the best outcome for my daughter.

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12:48 07 Sep 23

Unfortunately got myself in a situation where I needed legal representation. My solicitor was great, but attention needs to be drawn especially to Amirah. She well and truly went over and beyond what most people would do, to help me resolve the situation. Nothing was ever too much, in fact it was her who pushed things further than I'd have even asked her to, she really does care about not just her occupation, but the people she helps. Cannot say enough good things about her... not just good legal representation, but an actual lovely person who genuinely cares, and you don't get that very often anymore. So, thank you to Stuart Miller Solicitors in Wood Green, but definitely, more importantly, to Amirah.

Angela M

20:11 05 Sep 23

I would like to say a big thank you to Savannah Loizides. My elderly mother recently required legal assistance for a police interview as part of an investigation.Savannah was professional, caring and supportive. In the days and weeks following the police interview, Savannah has been helpful and informative answering my questions promptly.I would recommend Stuart Miller Solicitors and would not hesitate to contact them again if the need arises.

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14:38 12 Aug 23

My husband was represented by an solicitor who frequently appears on Tik TokWe had very minimal advice the service was shambolicWe had been referred to the director who saw us asap and understood the life changing dilemma he facedWe had proper legal advice and the eventual result was that my husband was found not guiltyI say this to the nation just get an appointment and speak to the teamSome of the people you see on social media are not worth itGuys this is your life . YOU HAVE ONE CHANCE GET THE TEAM AT STUART MILLERAll I can say is you will not be disappointed

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14:30 09 Aug 23

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11:46 02 Aug 23

Abu Kibla represented me for my second drink driving offence, and not only that I had no license or insurance. Perhaps I am exposing myself saying that but you need the context as Kibla managed to get my ban reduced from 3 years to 2.5, and only a 200 pound fine. Aside from being very professional at what he does, he's also a good guy, who has your back. He explained my situation to the judge in a clear way I wouldn't have been able to. Don't hesitate!

R M

20:05 01 Aug 23

I would like to thank everyone at Stuart miller especially to Kibla for their excellent work. At a time when things were very hard for me they helped me win my case. I hoped for total support from Stuart Miller when I instructed them, I got so much more. I would highly recommend Stuart Miller to anyone seeking for a reliable legal team. Many thanks again for everything, you were brilliant.

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08:21 29 Jul 23

Spoke to a director at 8 amIf I could give 10 stars I wouldAll my anxiety finishedThanks 👦

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13:37 28 Jul 23

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13:10 28 Jul 23

Thank you for all your help I am great full fir having such a great team who considered all my issues and got me the correct result

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12:59 28 Jul 23

Id like to say Thankyou to joe and tasnuva.They really helped me out and was so kind and thoughtful throughout.

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10:28 28 Jul 23

Brilliant application by Mohammed zebAlso thank you to the team

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13:08 25 Jul 23

Contacted them, rang me back immediately gave me legal advice and said they would be there if ever needed. I can breath abit better with their advice.

Halil Su

17:49 21 Jul 23

I just wanted to say big thank you to MR MOHAMMED ZEB and FUNDA BOZKURT for helping me, I’ve know MR Zeb over 20 years. Best defence lawyer in London, I appreciate your time and efforts.Kind regardsMr Su

Mohammed Hussain

11:04 17 May 23

Excellent service from sincere highly qualified individuals who are truly motivated to help you with legal matters. I specifically want to thank Kelly Morris for her outstanding work in my case. She is an awesome lady and a fantastic legal professional who I simply cannot thank enough! Kelly I will never forget the day you called me with the good news. 10/10 service!Big thanks to Stuart Miller law firm also! I will be using this law firm if any future legal problems arise, but hopefully this will not be the case!

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19:57 19 Apr 23

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11:55 20 Mar 23

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12:54 13 Mar 23

Each and every member of staff I spoke with were very helpful, friendly and informative, every step of the journey went smoothly and relatively stress free thanks to their professionalism and human touch. Thank you so much can’t praise you enough.

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19:08 11 Mar 23

Brilliant, from start right till the end strongly recommend

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14:42 09 Feb 23

Abu Kibla helped me with Cases when I was younger. My experience with him was Great. Hes A very humble and great man who in my opinion puts his heart into his work. Ive been in trouble all my life and met Many solicitors but none can compare to this man. I Would highly recommend this Company to my friends and family and I can say with confidence this is The Company you are looking for.

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13:31 28 Dec 22

I’m very satisfied with the way all Stuart Miller staff has dealt with me all these years. I have been with Stuart Miller for over 15 years and had no doubt trusting them with my case and friends that I’ve recommended.Thank you for your hard work and hope you guys keep it up.Ozkan Albay

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20:56 30 Nov 22

Massive thanks to Abu and Savannah who dealt with my case, highly professional service provided, couldn’t recommend enough.Thank you!!

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14:47 21 Oct 22

Many thanks to Stuart Miller Solicitors and Reem Khatib in particular. In what is a very stressful, confusing and frustrating time she was the voice that kept everything clear and erudite for everyone involved. Reem's impeccable professionalism, approachability and friendliness made every interaction pleasant and useful. Thank you so much for all your help.

Tommy

15:32 10 Oct 22

Just Wantied to say a big thank you , Reem Khatib, for representing me after 2 and a half years of my case going on and with 3 different firms.I finally found the best one, Reem represented me for around 2 years.She’s so down to earth and has so much empathy. She really helped me at my lowest point. She has a way with words and really knows how to get things done, thank u so much.barrister Ronan McCain was extremely excellent they make such a great team so happy it’s finally over.

Dragon 100

14:50 24 Aug 22

Alexis at Stuart Miller's was very helpful and helped me with every step to help me beat my case

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08:22 11 Aug 22

I really don't know where to start, but this firm is amazing. From my initial contact, then my first meeting With Mr Zeb, I knew I was going to be in good hands.I found myself in a very difficult situation in March 2019 and my case did not come to an end until July of this year. Throughout, there has always been good communication and although the outcome of my case was not looking good, I'm glad the team were honest about what to expect.I would like to thank Reem Khatib especially, who went above and beyond. I couldn't have asked for a better solicitor. Very thorough and informative and helped put my mind at ease as there were several aspects of my case that made things extremely difficult. One thing I loved about Reem was that she cared. Really, really cared, which is what you want in a situation like this. In the lead up to my sentencing hearing, Reem was abroad and still checked in with me.I was expecting a custodial sentence with a starting point of 5 years and managed to leave court with a suspended sentence/community service. This could only be down to Reem's dedication and hard work. Nobody expected this and I am very glad to have had her working on my case. As well as my Barrister, Lily, special thanks to you also. I really don't think I would have had this outcome had it not have been for you two.I am glad this is finally over and once again would like to express my heartfelt gratitude to Reem. She really fought for the best possible outcome, which I received.I will never find myself in any trouble again, but would highly recommend Stuart Miller Solicitors for anyone that may need a solicitor.Thanks againJahnel

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15:41 28 Jun 22

thank you so much to Selina for her service and Stuart miller on my hearing after a long trial justic was truley served not guilty i recommend stuart and miller for a true brilliant result

karen kianfar

16:39 24 Jun 22

I highly recommend! A lady I spoke to called Donna was extremely helpful. Thanks again.

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16:49 11 Jun 22

I was recommended to speak to selina. I called her out of office hours to assist with a arrest.She was extremely helpful, considerate and knowledgeable regarding the incident. I could see that she had mine and my families best interests at heart as a criminal defence paralegal. I would definitely recommend her for anyone that finds themselves in a sticky situation.

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12:58 08 Jun 22

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Tkay #6

16:53 19 May 22

Stuart Miller helped me navigate through the legal process for the first time, providing excellent guidance throughout the entirety of such a stressful period. I would like to thank Selina Guler for her wonderful work in preparing my defence, as well as Joe Barlow, who were exceptionally helpful throughout the process, explaining everything that arose in detail so as to ensure I could make informed decisions throughout. My experience felt personalised, and gave me the reassurances I needed to calm my nerves, in comparison to the regular ignorant demeanour that typically comes hand in hand with law firms. I felt supported and in safe hands from my initial enquiry right through to the end.

Seven Horses

21:49 17 May 22

Phenomenal, communication was immeasurable, especially Dee, went the extra mile.

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