 Assault occasioning actual bodily harm carries a maximum sentence of 5 years under section 47 of the Offences against the Person Act 1861 . It is triable either way . Both assault ( fear of violence ) and battery ( infliction of violence ) are included , although it is possible to consider section 47 as creating two offences – one involving an assault , and one a battery . " <unk> " is generally taken to mean " causing " although John Gardner has argued that it is wider than that . In discussing causation , ' frightened ' people are not expected to act entirely rationally ; instead , a relevant test is that of R v Roberts . There , any conduct of the victim short of " daft " could be considered caused by the defendant 's actions . Only the seriousness of the injury separates an assault from an assault occasioning actual bodily harm . 
