Assault Occasioning Actual Bodily Harm.
Assault occasioning actual bodily harm involves an assault which causes bodily harm or actual injury to the complainant. This is reflected in the increased maximum penalty of 5 years imprisonment. The bodily harm does not have to be permanent, but must be more than “merely transient and trifling”. R v Donovan [1934] KB 498.
If the assault is committed in the company of another person the maximum penalty is 7 years imprisonment.
As with any assault, it is not necessary for the prosecution to prove that the accused intended to assault the victim. It is sufficient for the prosecution to establish that the accused was reckless in this regard.
One of the most common defences to assault occasioning actual bodily harm is self defence. Challenges to the allegations can be mounted in relation to whether the injuries were caused by the accused, or that they do not constitute actual bodily harm.
As with any offence, even after a finding of guilt a court can still decide not to record a conviction under section 10 of the Crimes (Sentencing Procedure) Act 1999.
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