Non-fatal offences

• Assault Occasioning Actual Bodily Harm (s47 OAPA 1861)


  An assault or battery that has caused actual bodily harm. Actual bodily harm is "any hurt or injury calculated to interfere with the health or comfort of the victim".
• What may amount to ABH according to CPS charging standards


  • Loss or breaking of tooth/teeth
  • Small cuts
  • Temporary loss of sensory functions including loss of consciousness
  • Extensive or multiple bruising
  • Minor fractures
  • Minor but not merely superficial cuts requiring medical treatment (e.g. stitches)
  • Psychiatric harm more than mere emotions of fear, distress or panic
• Mens rea for s47 ABH


  Intention or subjective recklessness as to whether the victim feared or was subjected to unlawful force
• Malicious Wounding/Inflicting GBH (s20 OAPA)


  Unlawfully and maliciously wounding or inflicting grievous bodily harm upon another person, either with or without a weapon or instrument. Wounding is breaking both layers of skin. GBH means "serious harm".
• What may amount to GBH according to CPS charging standards


  • Injury resulting in permanent disability or permanent loss of sensory function
  • Injury which results in more than minor permanent, visible disfigurement; broken or displaced limbs or bones, including fractured skull
  • Compound fractures, broken cheekbone, jaw, ribs etc.
  • Injuries resulting in lengthy treatment or incapacity
  • Psychiatric injury
• Mens rea for s20 Malicious Wounding/Inflicting GBH


  Intention or recklessness as to some harm, not necessarily serious injury
• Wounding or Causing GBH with Intent (s18 OAPA)


  Unlawfully and maliciously wounding or causing GBH to any person, with intent to do some GBH or resist/prevent lawful apprehension. Requires intent to do GBH, not just wound.
• Mens rea for s18 Wounding or Causing GBH with Intent


  Specific intention to do GBH or resist/prevent lawful apprehension. Recklessness will suffice for the actual injuries caused.