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Assault occasioning actual bodily harm


Assault occasioning actual bodily harm (often abbreviated to Assault O.A.B.H. or simply ABH) is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.

Anything interfering with the health or comfort of victim which is more than merely transient or trifling has been held by Australian courts to be "actual bodily harm".

The offence is created by section 24(1) of the Crimes Act 1900.

The offence is created by section 59(1) of the Crimes Act 1900 (a different statute of the same name).

Assault occasioning actual bodily harm was formerly an offence under section 40 of the Criminal Law Consolidation Act 1935, but has been abolished and replaced with a similar offence (see below).

The offence is created by section 39 of the Offences against the Person Ordinance. It is triable on indictment and a person guilty of it is liable to imprisonment for three years.

The common law offence of assault occasioning actual bodily harm was abolished, and section 47 of the Offences against the Person Act 1861 was repealed, on a date three months after 19 May 1997.

The offence is created by section 245 of the Penal Code (Ch.26).

In England and Wales, and in Northern Ireland, the offence is created by section 47 of the Offences against the Person Act 1861:

The words "at the discretion of the court" omitted in the first place, and the words "for the term of three years, or to be imprisoned for any term not exceeding two years, with or without hard labour" omitted in the second place, were repealed by the Statute Law Revision Act 1892.


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