Common Assault, ABH and GBH

Offences related to assault are governed by several statutes, including the Offences Against the Person Act 1861, the Criminal Justice Act 1988, and the Crime and Disorder Act 1998.

Three primary types of assault offences exist:

Common assault: This occurs when a person uses violence against someone else or creates a situation where the victim believes they are in imminent danger of being attacked. Physical violence is not always necessary; even threatening words or gestures like a raised fist can constitute this offence. Spitting at someone also falls under this category.

Actual bodily harm (ABH): ABH occurs when the assault causes some form of injury or harm to the victim. The injury need not be severe or permanent but must be more than trivial or temporary, resulting in at least minor injuries or discomfort. This offence can also encompass psychological harm, provided it goes beyond mere fear or anxiety.

Grievous bodily harm (GBH)/Wounding: GBH refers to assaults that cause serious physical harm, regardless of whether the harm is permanent or life-threatening. For instance, a broken bone constitutes GBH, even if it does not necessarily result in long-term disability. This offence can also include psychiatric injuries or the transmission of infections, such as through sexual activity. Wounding specifically requires breaking the victim's skin, either on their body or internally. However, it excludes injuries that only involve bruising without breaking the skin. The injuries involved in wounding offences may be less severe than those in GBH cases.

Causing grievous bodily harm (GBH) or wounding must be done either with the intent to cause injury or with the knowledge that injury was likely to occur. When such actions are committed with the specific intent to cause GBH or wounding, the offence is considered more serious.

Self-defence is frequently employed as a defence in assault cases. To establish self-defence, the accused person typically needs to demonstrate the following:

• They were confronted with a threat of unlawful force or harm.

• They perceived this threat and had a reasonable basis to fear imminent harm to themselves.

Advancing your defence at the earliest opportunity at a police interview provides the best chance of having any case dismissed.