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Assault occasioning actual bodily harm (often abbreviated to Assault OABH, AOABH or simply ABH) is a statutory [1] offence of aggravated assault [2] in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands.
It is also used in the definition of murder (as it appears in case law) in the guise of grievous bodily harm. Psychiatric disorder. Non-physical or psychiatric injury can be considered "bodily harm" whether "actual" or "grievous", but there must be formal medical evidence to verify the injury. In R v Ireland, R v Burstow, Lord Steyn said:
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).
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.
resulting in either bodily injury or offensive touching. The common-law elements serve as a basic template, but individual jurisdictions may alter them, and they may vary slightly from state to state. [citation needed] Under modern statutory schemes, battery is often divided into grades that determine the severity of punishment. For example:
1. The Actus Reus (Guilty Conduct) for assault occasioning actual bodily harm is an assault or battery that occasions minor physical or psychiatric injury, whereas the Actus Reus for grievous bodily harm is wounding or inflicting/causing grievous bodily harm to the victim by any means. This includes major psychiatric injury for both section 18 ...
R v Coney (1882) 8 QBD 534 is an English case in which the Court for Crown Cases Reserved found that a bare-knuckle fight was an assault occasioning actual bodily harm, despite the consent of the participants. This marked the end of widespread public bare-knuckle contests in England.