Assault occasioning Actual Bodily Harm - (pre June 2011 edition)
Date produced: 31 March 2010
Title: Offences Against the Person
Offence: Assault occasioning Actual Bodily Harm
Legislation: Offences Against the Person Act 1861 section 47
Mode of Trial: Either way
Statutory Limitations & Maximum Penalty: 5 years imprisonment
Sentencing range: Specified violent offence
Relevant Sentencing Guidelines
The SGC definitive guideline 'Assault and Other Offences Against the Person' applies to offenders sentenced on or after 3 March 2008.
Seriousness, culpability and harm
The primary factor is the seriousness of the offence committed; that is determined by assessing the culpability of the offender and the harm caused, intended or reasonably foreseeable. Consider the SGC guideline 'Overarching Principles: Seriousness' for general factors when assessing seriousness, culpability and harm. The SGC Assaults guideline states (at para. 22) that use of a weapon or part of the body such as the head usually increases seriousness, and (at para.23) that relative seriousness is based on whether the assault was pre-meditated or spontaneous and on the degree of harm that resulted.
Aggravating and mitigating factors
The most common factors likely to aggravate assaults are:
- planning of an offence;
- offenders operating in groups or gangs;
- deliberate targeting of vulnerable victim(s);
- offence committed against those working in the public sector or providing a service to the public;
- use of a weapon to frighten or injure victim;
- a sustained assault or repeated assaults on the same victim;
- circumstances such as isolated location, taking advantage of poor lighting, vulnerability of victim
The most common mitigating factors are:
- provocation
- unintended injury
SGC guidelines
The guidelines set out below apply to a first time adult offender who has been convicted after a trial, and on the basis that he/she has not been assessed as dangerous.
- Type/nature of activity: Pre-meditated assault EITHER resulting in injuries just falling short of GBH OR involving the use of a weapon
Starting point: 30 months custody
Sentencing range: 2 - 4 years custody - Type/nature of activity: Pre-meditated assault resulting in relatively serious injury
Starting point: 12 months custody
Sentencing range: 36 weeks - 2 years custody - Type/nature of activity: Pre-meditated assault resulting in minor, non-permanent injury
Starting point: 24 weeks custody
Sentencing range: 12 - 36 weeks custody - Type/nature of activity: Other assault resulting in minor, non-permanent injury
Starting point: Community Order (HIGH)
Sentencing range: Community Order (MEDIUM) - 26 weeks custody
If the offence was committed in a domestic context, consider the SGC guideline 'Overarching Principles: Domestic Violence' (see Archbold at K-82)
If the victim is a child, consider the SGC guideline 'Overarching Principles: Assaults on children and Cruelty to a child'.
R v McGillivray and R v Kentsch (see CSP at B 2-4.2) confirm that it is inappropriate to sentence on a basis of racial aggravation if the offender is due to be sentenced for only a non-racially aggravated offence.
Cases involving sentence and/or appeal hearing after issue of the SGC definitive guideline
More serious offences towards the top and less serious offences towards the bottom.
Ravenhill [2009] 2 Cr. App. R. (S.) 19
Appellant was a serving prisoner who assaulted a prison officer. Whilst he was being restrained, the victim fell to the floor trapping his leg and the appellant kicked him in the face. Dislocated ankle, broken leg, bleeding nose, bruising and swelling under the eye; two operations. Guilty pleas to two counts, bad record. The Court of Appeal observed that the SGC definitive guideline applies to first-time offenders and so is of limited assistance; sentencing range has to be increased significantly for assaults upon a prison officer. Sentence reduced to two years concurrent on both counts.
Emms [2008] EWCA Crim 967
Domestic violence with a history of violence against victim by appellant. Two ABH counts. Count 1 - argument during which the appellant accused victim of having had an affair with his brother. He abused her, grabbed her by the face, put his hands around her neck and squeezed. Swollen and bruised eye. Count 2 - argument the next evening. Grabbed, punched her face, head and body, caused her head to hit a wall and then a table, grabbed her hair, punched, threatened, continued punching and slapped her. Bruising to her back, arms, legs, cheek, left shin and left foot, swollen mouth. SGC definitive guidelines considered. Guilty pleas on day of trial. Lengthy CRO, including violence. On count 1 six months imprisonment and on count 2 18 months consecutive. Appeal dismissed.
Parker [2010] 1 Cr. App. R. (S.) 32
The appellant and victim were partners. Having both consumed alcohol, in the early hours the appellant asked her whether she had been cheating on him. She denied that. An argument began and eventually the appellant grabbed the victim, swung her round, called her a "slag" and punched her in the face knocking her to the ground. The appellant continued to assault her while she was on the ground, repeatedly punching her in the face. The appellant stopped and the victim phoned a relative who came to collect her. The appellant punched her again, and continued shouting at her. Two black eyes and other injuries. Late guilty plea. Sentence of two years imprisonment upheld.
Abbas [2010] 1 Cr. App. R. (S.) 47
The appellant barged into a group standing outside a bar. He punched the victim hard in the face, knocking him to the ground and rendering him unconscious as his head hit the pavement. Cuts and bruises to head and one eye. Convicted. The Court regarded it as a case of a drunken over-reaction to events, not premeditated violence. Offence committed whilst on bail. Sentence reduced to 15 months imprisonment.
R v Pavia [2009] EWCA Crim 1858
The appellant threw a pint glass from close range straight into the face of a former girlfriend in a club. She had asked him not to attend the club but he had ignored her. She suffered a cut of slightly less than two inches long just below her eye. Convicted after trial. Victim no longer able to undertake modelling work because of the scar. Appellant aged 31 with previous convictions for violence. Sentence of 15 months imprisonment upheld.
Morgan [2009] EWCA Crim 659
Domestic violence. Appellant aged 24 and female victim aged 18. Argument in their home, because the appellant thought that she had slept with his brother. Words exchanged, he punched her once, she went to her parents. She returned, the quarrel resumed, he pushed her to the ground, kicked her (not wearing shoes) more than once and punched her to her face before and whilst sitting astride her. Bruising to face and forehead, bruising and swelling to her right arm. Victim made a statement saying that they were reconciled. Guilty plea. One previous conviction for police obstruction. Sentencing judge did not refer to the SGC sentencing guidelines, so not known why he chose a sentence significantly above the suggested guideline. Court did not consider it easy to categorise the offence in terms of an appropriate guideline. Sentence reduced to ten months imprisonment.
Nawaz [2008] EWCA Crim 1454
Assault outside nightclub. Altercation including slapping. Victim dragged across the road, floored, kicked and punched by five offenders. Blows to the head and to body. Injuries included a broken nose, grazing and bruising. Guilty pleas. Antecedents varied, the lightest probably being two convictions for possession of cannabis. The Recorder observed that the defendants should regard the sentences of six months imprisonment as relatively lenient. SGC definitive guidelines considered. Held not premeditated, serious aggravating features were ferocious group attack lasting for 10 or 15 seconds and use of a shod foot, broken nose not a minor injury. Court observed that it is necessary to be especially careful not to become fixated on one aspect of the language found in each of the categories set out in the table. Appeals dismissed.
McDonald [2008] EWCA Crim 1499
Victim walking home just before 2 am. Guilty plea and committed for sentence in respect of an offence of assault occasioning actual bodily harm. Two main offenders knocked victim to the ground, kicked and punched him. Severe swelling to the right eye and some broken teeth. The appellant's involvement was limited to kicking out once whilst the victim was on the ground; he told the police that he only flicked him and not to cause injury. The two main offenders both received two year sentences. Appellant's sentence of 15 months imprisonment reduced to six months.
Recent Decisions reported in CSP at B 2-4.3 divided into: assaults on bus conductors and other persons exposed of violence by reason of their position; unprovoked assaults; in course of football matches etc.; on motorists; on spouses; stalking; other cases. See CSP B2-6 for assaults on police officers.
Ancillary Orders:
- Compensation
- Exclusion order
- Drinking banning order
- Anti-social behaviour order
- Football banning order
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