Both actual bodily harm (ABH) and grievous bodily harm (GBH) are terms that are thrown around relatively frequently. While some may use them interchangeably in non-legal contexts, they have distinct definitions and it’s important not to get them mixed up.
It becomes even more essential that you understand their nuances should you be involved in a criminal investigation for either ABH or GBH. They are serious violent offences that can result in hefty custodial sentences, with GBH being treated almost as seriously as murder in some cases.
Should you find yourself under investigation for either ABH or GBH, it’s imperative that you seek legal advice as soon as possible. The implications of getting these kinds of cases wrong can be catastrophic, and it’s imperative that you’re able to develop a strong legal defence with the assistance of a competent team.
Assault
Technically speaking, both ABH and GBH are different kinds of assault. Defined under the Offences against the Person Act 1861, the Criminal Justice Act 1988 and the Crime and Disorder Act 1998, assault is broken up into three different basic types, rising in terms of severity: common assault, actual bodily harm (ABH) and grievous bodily harm (GBH).
Actual Bodily Harm (ABH)
ABH – or actual bodily harm – is a kind of assault that causes some degree of hurt or injury to the victim. This kind of physical injury needs to be more than the ‘transient’ kind of harm that would occur in an assault by beating case, but it doesn’t need to be permanent or extremely serious.
Example of ABH
An example of ABH would be someone attacking someone outside of a pub, and during the altercation, punching them in the face. The blow could have resulted in a cut and potentially a minor bone fracture, such as a broken nose. The results of the blow need not be permanent, but serious enough to cause substantial harm to the victim.
Grievous Bodily Harm (GBH)
GBH is the most serious form of assault, and will only apply when the assault results in serious physical injury. This harm doesn’t need to be permanent, however; for example, a broken bone (such as an arm or leg) may heal perfectly, while in other situations it may result in long-term disability.
In most cases, a conviction of GBH will require that the prosecution is able to prove intentional infliction. It will need to be proven that the defendant intended to cause serious injury, to demonstrate that they are guilty of such a serious criminal offence.
Example of GBH
An example of assault occassioning GBH would be waiting for someone outside their place of work, with a plan to attack them. When the victim left their workplace, the defendant would attack them with a weapon, causing broken bones and cut skin.
Another example could consist of intentionally running over someone with a car, with the intention of causing serious injury.
Sentencing guidelines
Both ABH and GBH are serious criminal offences that are a big step up from common assault. This is clearly illustrated in the sentencing guidelines for each respectively.
ABH
Assault occassioning ABH is sentenced under section 47 of the Offences against the Person Act 1961, or under section 29 of the Crime and Disorder Act 1998 if it is racially motivated. Under section 47, the maximum sentence is 5 years in prison, while under section 29 the maximum sentence is 7 years in prison.
The use of some kind of highly dangerous weapon, premeditation or choosing a vulnerable victim will typically result in a higher sentence. Cases of excessive self defence, or cases where no weapon is used, will typically result in a lower sentence.
The other main factor that will be used to determine which sentence is suitable is the amount of harm that is caused to the victim, in terms of both physical and psychological impact.
GBH
GBH can be sentenced under either section 18 or 20 of the Offences against the Person Act 1961. Under section 20, the act will either have been reckless or with the intent to cause some harm, and the sentence will not exceed 5 years in prison.
Under section 18, however, the intent will have been to cause serious harm, with a maximum sentence of life imprisonment. It is imperative that your criminal defence solicitor has experience in dealing with GBH cases, so that they know what kind of defence will be most effective in your situation.
Other legal repercussions of being found guilty
In addition to a custodial sentence, those found guilty of GBH may face a range of other repercussions. These include fines, travel bans from certain countries, community orders, and potentially being barred from pursuing certain careers. It’s crucial that you keep all of these repercussions in mind when thinking about your defence approach, so that you don’t overlook any non-custodial impacts.
ABH and GBH are both incredibly serious crimes to be found guilty of, and it’s vital that you take them seriously from the very beginning. Even if you harmed another person in a violent manner, there are still a range of defences that you can use, with the right legal support.
If you’re facing charges, reach out today by calling on 0161 234 0020 (MANCHESTER) / 0203 053 8625 (LONDON) / 07956 555797 (24 HOUR).
