Actual Bodily Harm (ABH)
Actual Bodily Harm, often shortened to ABH and Grievous Bodily Harm (GBH), are the most serious of assaults. ABH is more serious than a common assault and GBH is more serious than ABH. In simple terms, ABH is an assault which causes harm to a person’s body. There is no need for the harm to be serious to be classed as an ABH but will be more serious than a slap or a push. Typical examples of ABH injuries include scratches, heavy bruising or attacks leaving bite marks.
It is not necessary for the assailant to intend to cause the amount of harm inflicted. The Crown must prove that they either intended to use “unlawful force” or were reckless in doing so and that the resulting harm is considered to be at an ABH level (see above). A very good example of this is if the aggressor pushes the victim out of anger (unlawful force), and the victim trips on the kerb behind them, falls, and cuts the back of their head on the pavement. There is a good argument that the aggressor did not intend the victim to suffer such injury. However, on the face of it, he or she may be guilty of an ABH if their actions are found to be reckless.
If you are found guilty of an ABH the maximum sentence is one of 5 years’ imprisonment. Also, it is important to note that an ABH is triable in either the Magistrates’ court or the Crown court.
Grievous Bodily Harm (GBH)
This is the most serious of all assaults. For this offence to be made out there must be “really serious harm”. At its worst, GBH injuries may include, for example, permanent disability, disfigurement or psychological damage – the sort of injuries which are sometimes referred to as life-changing. However, less serious injuries are also treated as GBH by the police and courts, such as broken bones, or significant blood loss. These injuries can be thought of as those that require lengthy treatment and/or rehabilitation.
GBH itself can be broken down into 2:
- Unlawful wounding or inflicting grievous bodily harm (section 20 Offences against the person act 1861) and
- Causing grievous bodily harm with intent to do grievous bodily harm/wounding with intent to cause grievous bodily harm (section 18 Offences against the person act 1861)
The second of these is the most serious and is commonly referred to as a section 18. The main differences between a section 20 and a section 18 is to do with “intention” and the sentencing range available for each offence.
It may be best to use an example to demonstrate these differences. Let’s suppose the aggressor in this example gets into an argument with the victim. The aggressor loses their temper and punches the victim in frustration. As a result of the blow, the victim falls back onto some metal railing, causing a deep laceration to his head which ultimately requires hospital treatment and stitches.
In this first example, it is arguable that the aggressor did not intend to cause the injury. For this reason, and taking into account the level of injury, he may only be charged with a section 20 wounding – the argument being he was only reckless in causing the injury.
Let’s take a similar situation: this time, out of frustration, the aggressor punches the victim to the stomach, then grabs his head and pushes it against the railings, causing a similar injury to the one described above. This time, bearing in mind the actions of the aggressor and the level of injury, it is much more likely that he is charged with a section 18 GBH. A simple question to ask is: what else could he have intended by his actions?
Looking now at the sentencing range, a section 20 wounding can be dealt with in either the magistrates’ court or the Crown court. If dealt with in the Crown court the maximum sentence is 5 years’ imprisonment. Compare this to a section 18 GBH: this offence can only be dealt with in the Crown court and the most serious cases can attract life imprisonment. The differences in potential sentences for both offences is stark and reflects the fact that a section 18 GBH is considered to be the most serious of assaults in our criminal justice system.
We at SMART Criminal Defence have years of experience in dealing with such cases. We would warmly welcome an enquiry via our Contact page or call us free of charge on 0333 200 8581. We pride ourselves in getting back to all enquirers promptly.
