Violence and injury
Assault occasioning actual bodily harm (ABH)
Offences Against the Person Act 1861, s.47
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 5 years' custody (7 years if racially/religiously aggravated under Crime and Disorder Act 1998, s.29)
Actus reus
- An assault or battery (see above) that causes actual bodily harm.
- ABH means more than trivial or transient harm — bruising, cuts, lost teeth, recognisable psychiatric injury (not mere fear/distress).
- Causation: the assault must have caused the harm (operating and substantial cause).
Mens rea
- Same mens rea as for the underlying assault or battery only — no need to intend or foresee ABH.
- If the prosecution proves intentional/reckless assault and ABH resulted, s.47 is made out.
Verified case law
R v Savage; DPP v Parmenter[1992] 1 AC 699
For s.47 OAPA, mens rea is that for common assault only; for s.20, subjective foresight of some physical harm is required.
R v Chan-Fook[1994] 1 WLR 689
Psychiatric injury can amount to ABH if a recognised clinical condition; mere fear, panic or distress is not ABH.
R v Donovan[1934] 2 KB 498
ABH must be more than transient or trifling harm.
Defences
Deny assault/battery · Self-defence · Causation break (novus actus) · Consent (rare for ABH — see R v Brown)
Sentencing Council
Sentencing Council ABH guideline effective 1 July 2021. Offence range for s.47: fine to 4 years' custody; category by culpability and harm.
At the police station
Police often charge s.47 where there are visible injuries. Ask for medical records/photos and whether the client admits any contact. Consider whether s.39 would suffice on the facts (charging standard).
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Related offences
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Offences Against the Person Act 1861, s.47 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Offences against the person (charging standard) ↗
- CPS:CPS — Self-defence and the prevention of crime ↗
- Case law:R v Savage; DPP v Parmenter [1992] 1 AC 699 ↗
- Case law:R v Chan-Fook [1994] 1 WLR 689 ↗