Common Assault, Actual Bodily Harm and Grievous Bodily Harm

The offence of common assault under section 39 CJA is committed when someone assaults another person or commits a battery.

• A battery is the application of unlawful force, such as a push, slap, or spitting at someone.
• An assault is when someone makes another person fear the use of immediate force against them. This could be a raised fist or running a finger across a throat. Physical contact is not necessary for common assault to take place.

The sentencing guidelines for common assault are less severe than GBH or ABH, as it doesn’t always include injuries. In general, the maximum sentence is up to six months imprisonment, but there are exceptions to the rule, including:

• Race and Religion: Racially and religiously aggravated common assaults have a maximum sentence of up to two years imprisonment.
• Emergency Workers: If a person commits a common assault against an emergency worker, it also carries an up to two-year sentence.

As you can see, the sentencing guidelines for a common law offence aren’t always clear, depending on the circumstances surrounding the assault.

There are numerous forms of common assault, and there doesn’t need to be physical contact or injuries. If the person apprehends or fears immediate unlawful violence, it’s classed as an assault. Here are some examples of common assault:

• Throwing a glass or bottle at someone
• Making verbal threats
• Spitting at or on someone
• Blocking someone’s path in a menacing fashion
• Following someone or harassing them
• Pushing a person
• Using an animal to make threats

When a person is accused of common assault, the police will investigate the case and decide whether to file charges. The process involves interviewing both parties, assessing the evidence and referring it to court.

However, it depends on the offender’s history and the assault’s context. Many people don’t understand the gravity of their actions, especially when there’s no physical injury.

Victims can deal with a psychiatric injury, a loss of confidence and an anxiety disorder; that’s why the courts take these assaults seriously.

If the police officers feel the offender threatened someone else with immediate unlawful violence, they’ll be charged and will have to go to court.

Common assault carries a maximum penalty of six months in prison and/or a fine or community order. A prison sentence is generally reserved for cases where serious injury was caused and higher culpability is present.

The offender will have higher culpability where, for instance, they have previous convictions or there are aggravating factors, such as the attack being racially motivated, the assault being premeditated, or the victim being vulnerable.

In other cases, a fine and community order may be the outcome. Either way, these assaults appear on the individual’s record and can impact numerous areas of their life.

Actual bodily harm (ABH) is a criminal offence that can have repercussions. While it’s less severe than GBH, ABH can still cause really serious harm to victims. Discover what actual bodily harm means and the types of punishments that occur with these offences.

Assault causing actual bodily harm (ABH) is a criminal offence under Section 47 of the Offences Against the Person Act. ABH involves assault or battery causing actual physical harm to the victim. The harm does not have to be serious; it must involve more than a shove to sustain a charge of ABH. Harm such as bruises, scratches and bite marks is sufficient.

ABH only requires an intention to apply unlawful force to someone, not an intention to cause actual bodily harm. For instance, if someone pushes the victim, who then hits his head against a wall, he will have intended to apply unlawful force and could be charged with ABH – even if he did not intend the victim to hurt their head.

ABH sentencing guidelines depend on the nature of the assault and any injuries suffered by the victim. For example, if the person didn’t mean to cause any harm, your sentence might be lighter than someone with intent.

The sentencing guidelines split ABH into categories – each with varying degrees of severity.

There are three categories of culpability:

• High Culpability: The high culpability category refers to crimes that occur when the assailant plans the crime in advance, attacks a vulnerable person, uses a weapon, or takes part in a prolonged assault.
• Medium Culpability: These crimes are less severe, but weapons can still be involved. Put simply, they don’t fall into the high culpability category, but that doesn’t mean the crime isn’t serious in nature.
• Lesser Culpability: Everyone has the right to defend themselves, but excessive self-defence falls into lesser culpability. Individuals with mental illnesses or learning disabilities might have less responsibility.

The police and courts also consider the degree of harm caused to the victim, including whether a physical or psychiatric injury occurred as a result of the assault:

• Category 1: A psychiatric injury or serious physical harm caused to the victim. The injuries will also have a significant impact on the person’s life.
• Category 2: A moderate amount of physical or psychological harm that has an impact on the victim’s life.
• Category 3: Some degree of harm caused to the victim, with a low to limited impact on their life.

ABH is less serious than grievous bodily harm (GBH) but more severe than common assault, so the sentencing depends on how the crime happened and whether there are any extenuating circumstances.

The criminal justice system considers numerous factors when determining an individual’s sentence. Previous convictions could result in a harsher punishment, but a first offence doesn’t automatically mean the person won’t go to prison.

If the individual meets the following factors, they might receive a softer sentence:

• Clearly showing remorse about the incident
• Having no prior convictions or legal issues
• Demonstrating a degree of provocation
• Lack of maturity
• Family responsibilities
• Employment or studying prospects
• Learning disabilities or mental health issues
• Severe conditions that require medical treatment
• A willingness to address the underlying issues behind the behaviour
• Personal characteristics and circumstances
• Pregnant women or those with childcare responsibilities

Assault occasioning actual bodily harm carries a maximum sentence of five years and or a fine (depending on the seriousness of the offence).

A fine and/or community order may be imposed for a first offence. As explained, a prison sentence is more likely if the offender has previous convictions or if there are aggravating factors.

In some cases, the offender might be issued a fine as their punishment or have to do community service. Severe penalties could combine a prison sentence with a fine. The following amounts are estimates only, as they depend on the court’s judgement and the above categories.

ABH cases don’t usually have time limits, as authorities in Wales and England can charge the offender years after the initial crime. However, the longer a crime is left, the harder it is to gather evidence and convict the offender.

Victims who wish to claim compensation from the Criminal Injuries Compensation Authority (CICA) have two years from the date of their crime to pursue compensation.

Personal injury claims, such as bar and club assaults, give victims up to three years from the date of the attack. However, it’s always best to seek free legal advice and initiate the process as soon as possible.

Actual bodily harm cases can span from fights and random attacks to domestic abuse. Common examples of ABH include:

• Kicking or punching someone
• Pushing someone and causing an injury
• Biting
• Headbutting
• Throwing objects that hit the victim
• Weapons that cause minor injuries
• Tripping someone up deliberately
• Road rage incidents

The CPS takes domestic violence seriously, imposing strict punishments on the perpetrator. The sentence depends on the extent of the injury. For example, if the victim suffers broken bones or a severe bodily injury, it will usually result in a prison sentence.

Recent developments also mean coercive control can also be part of an ABH charge, highlighting the changing attitudes towards domestic abuse.

Assault causing grievous bodily harm (GBH) is a criminal offence under Sections 18 and 20 of the Offences Against the Person Act.

There must be “really serious harm” caused to the victim as a result of the assault or battery, for example, stabbing the victim. If there was an intention to cause some pain or harm but not to inflict “really serious harm”, a Section 20 offence of “wounding with intent” will have been committed.

However, if there were the intention to inflict “really serious harm”, then the more severe offence of GBH under Section 18 would have been committed. If, for instance, someone head-butts the victim and then breaks their nose, a lesser charge under Section 20 is likely. However, if someone head-butts the victim, intending them to sustain really serious harm, for instance, by breaking their nose – a charge under Section 18 is likely.

The GBH Sentencing Guidelines use the level of culpability and harm caused to define a person’s prison sentence. Inflicting any form of physical damage on someone can result in severe repercussions, but the guidelines use the following factors to determine punishments:

High Culpability (A): These crimes involve premeditation and planning. They can also include using a weapon, suffocation, strangling and asphyxiation. Attacking a vulnerable victim or playing a leading role in a group assault also falls under high culpability.

Medium Culpability (B): If an offender uses a weapon but it’s not classed as highly dangerous, it can fall under medium Culpability. These crimes also include participating in a group activity and not meeting the criteria for the highest level.

Lesser Culpability (C): Using no weapons, exerting excessive self-defence, mitigating circumstances and acting in response to extreme violence result in lesser culpability.

• Category 1: Inflicting grievous bodily harm that causes lasting physical harm and psychological damage. The victim might need ongoing care and struggle to perform their daily activities.
• Category 2: Causing really serious bodily harm that isn’t life-threatening or causes less damage falls under the Category 2 criteria. Psychiatric injury can also be included.
• Category 3: This category comprises other serious physical harm and wounding cases.

Grievous Bodily Harm is a serious offence, and the repercussions can be severe. While many first offenders who commit other offences might be given a suspended sentence or community service, the Criminal Justice system might impose a sentence for GBH.

The amount of prison time the offender receives depends on whether their intentions were causing Grievous Bodily Harm and how much harm the victim suffered. Depending on the crime, a first-time offender could receive an average of three years in prison.

A conviction under Section 20 carries a maximum sentence of five years, while a conviction under Section 18 could result in life imprisonment. In practice, the sentencing range is from 3 to 16 years, depending on the circumstances and aggravating factors.

Victims of assault may be able to claim criminal injury compensation if their injuries are severe enough.

Actual Bodily Harm is less severe than GBH. For example, if an offence committed caused cuts, scrapes and bruises but there was no serious injury, it might fall under ABH—which usually carries a maximum sentence of five years.

That depends on the extent of the injury and whether it caused serious physical harm. A typical broken nose usually falls under ABH and will heal within a few weeks. If the fracture causes extensive damage and the victim requires surgery, it might be classed as GBH.

As you can see, criminal offences depend on the level of physical violence and severity of injuries.

Victims of assault may be able to claim criminal injury compensation if their injuries are severe enough.

Understanding the differences between common assault, ABH, and GBH can be challenging. However, each crime has distinctive characteristics. Let’s take a look at them in more detail: