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The common law offence of assault occasioning actual bodily harm was abolished, [10] and section 47 of the Offences against the Person Act 1861 was repealed, [11] on a date three months after 19 May 1997. [12] The modern offences of assault, assault causing harm, and causing serious harm were created by that Act. [13]
This includes assault occasioning actual bodily harm, where the victim suffers injuries such as bruising or skin abrasions (the converse being an injury that is "transient and trifling"); wounding (a piercing of all layers of the skin); and causing grievous bodily harm (injuries more serious than in actual bodily harm, for example broken bones).
Assault occasioning actual bodily harm (and derivative offences) Inflicting grievous bodily harm or causing grievous bodily harm with intent (and derivative offences) [2] These crimes are usually grouped together in common law countries as a legacy of the Offences against the Person Act 1861.
Aggravated assault includes assault with further specific intent, [27] assault causing particular injuries (actual bodily harm, [28] and grievous bodily harm, [29] assault with offensive weapons or dangerous substances [30] ("offensive weapon or instrument" is defined in s 4 of the Crimes Act [8]) and assaults on victims of special status, [31 ...
An assault which is aggravated by the scale of the injuries inflicted may be charged as offences causing "actual bodily harm" (ABH) or, in the severest cases, "grievous bodily harm" (GBH). Assault occasioning actual bodily harm This offence is created by section 47 of the Offences against the Person Act 1861 (24 & 25 Vict. c. 100).
Under the criminal law of Australia the Criminal Code Act 1995 (Commonwealth) abolished all common law offences at the federal level. [1] The Australian Capital Territory, the Northern Territory, Queensland, Tasmania and Western Australia have also abolished common law offences, but they still apply in New South Wales, South Australia and Victoria.
R v Savage; R v Parmenter [1991] [1] were conjoined final domestic appeals in English criminal law confirming that the mens rea (level and type of guilty intent) of malicious wounding or the heavily twinned statutory offence of inflicting grievous bodily harm will in all but very exceptional cases include that for the lesser offence of assault occasioning actual bodily harm.
Bodily harm is a legal term of art used in the definition of both statutory and common law offences in Australia, Canada, England and Wales and other common law jurisdictions. It is a synonym for injury or bodily injury and similar expressions, though it may be used with a precise and limited meaning in any given jurisdiction.