Assault Occasioning Actual Bodily Harm CASES
Assault Occasioning Actual Bodily Harm (ABH)
In English criminal law, assault occasioning actual bodily harm (ABH) refers to an assault resulting in injuries that interfere with the victim’s health or comfort, as defined under Section 47 of the Offences Against the Person Act 1861.
Definition and Principles
ABH involves an assault or battery causing physical harm beyond trivial injury, including cuts, bruises, or psychiatric harm. Intent or recklessness regarding the assault is required, but the injury itself does not need to be specifically intended.
Common Examples
- Physical altercations causing bruising or minor cuts.
- Assault resulting in temporary unconsciousness or concussion.
- Psychological injury such as clinical anxiety or depression following assault.
Legal Implications
- Triable either way offence, with potential imprisonment up to 5 years.
- Prosecution must prove assault or battery and resulting harm.
Practical Importance
Understanding ABH clarifies the seriousness of injuries in assault cases, guides legal practitioners, and aids courts in applying consistent sentencing.
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Appellants were a group of sado-masochistic homosexuals who willingly engaged in violent acts for sexual pleasure. The House of Lords held that their consent was no defence to charges of assault occasioning actual bodily harm, establishing limits on consensual violent activity. Facts The appellants were a group of adult homosexual men who, over a period of ten years, willingly and consensually participated in sado-masochistic acts in private. These activities involved acts of violence, including nailing a person’s penis to a board, branding with a hot wire, and beatings, all for the purpose of sexual gratification. The activities were recorded on
