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31489H_unit2_rms_20180314 Jan 18 unit 2 marketing mark scheme.pdf

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31489H_unit2_pef_20180314 Exmainers report Jan 18 exam.pdf

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Mind Map for the structure of the 2 exam activities

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Mind Map for the structure of the 2 exam activities

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Unit 2 Marketing Campaign research notes - vinyl.docx

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There is interesting information on this site and good links

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￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼￼Get the lowdown on all things vinyl at hmv.com, whether you're looking for records, turntables or just want to know more about vinyl as a format... Most popular vinyl ...

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Excellent research from Tutor2u on the vinyl records market

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Excellent research from Tutor2u on the vinyl records market

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Here is some summary market research information on the market for Vinyl Records in the UK.

UK RECORDED MUSIC INDUSTRY - OVERVIEW

The UK recorded music industry had a total value (revenue) of £839.4 million in 2017. This represented an increase of 10.6% on 2016.

Of this total market size of £839.4 million, digital sales (downloads and music streaming) accounted for £506.2m million (60%) of industry sales.

Physical sales (CDs and Vinyl) generated industry revenues of £310.5 million in 2017, a small rise of 2.4% on 2016. Physical music sales have declined significantly in recent years, In 2008, physical music sales were £758 million. The large fall in physical music sales is entirely due to the reduced popularity of the CD format.

MARKET FOR VINYL RECORDS IN THE UK

Vinyl records are part of the "physical" segment of music sales in the UK.

Physical comprises CD format and Vinyl.

As the chart below shows, volume sales of vinyl records reached 4.1 million units in 2017, the 10th consecutive year in which vinyl sales have grown, albeit from a low base.

By contrast, sales of CDs have continued to fall in recent years as music consumers have migrated to digital formats and music streaming services.

Other key features of the UK vinyl record market that might be relevant to a marketing campaign:

The average price of a vinyl LP album in the UK in 2017 was £20.23. This compares to average prices of £8.39 for a CD and £7.14 for an album downloaded digitally.

With volume sales of 4.1 million units, this suggests a market size of around £80 million in value terms

Demand for vinyl records in the UK is highly seasonal. Demand is highest at Christmas because vinyl records are often given as gifts. 25.8% of vinyl sales in the UK were made in December in 2017.

Most vinyl record customers are male (61% of the market)

The largest segment of vinyl customers is aged between 45-54 (29% of the market)

64.6% of the 4.1 million vinyl records sold in 2017 contained "rock" music. The next largest segment was "Pop" (17.2%).

The largest segment of accessories in the vinyl record market is for record "turntables". Sales of turntables in the UK grew to 296,000 units with a value of £30 million in 2017.

In terms of retail distribution, around 8% of vinyl sales in the UK were made by supermarkets in 2017, with Sainsbury's having the largest market share (8% of vinyl sales). Sainsbury's sells a limited range of vinyl records in over 600 stores.

There were 406 independent record stores trading in the UK during 2017, up from 293 stores in 2012. Over 200 of these stores take part in Record Store Day 2018 - a promotional campaign designed to raise awareness of the independent record store market.

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BTEC National Unit 2: Developing a Marketing Campaign - The Market for Vinyl Records in the UK | tutor2u Business

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Here is some summary market research information on the market for Vinyl Records in the UK. The UK recorded music industry had a total value (revenue) of £839.4 million in 2017. This represented an increase of 10.6% on 2016. Of this total market size of £839.4 million, digital sales (downloads and music streaming) accounted for £506.2m million (60%) of industry sales.

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Tutor2u Difficulties of digital marketing research

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Tutor2u Difficulties of digital marketing research

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However, that environment is becoming more difficult. Any business's corporate social responsibilities mean that they cannot allow their brand values to be damaged by the social media platforms. Back in February, Keith Weed, Unilever's chief marketing officer, gave a s peech at the annual Interactive Advertising Bureau conference. Unilever owns brands like Lynx, Marmite, Dove, Persil and PG Tips, and is the world's second-biggest spender on advertising. The central theme of his speech was that "Consumers don't trust what they see online."

Coming from a company which spends over two billion dollars a year on online advertising alone, this is a serious message. Weed referred to fake news, racism, sexism, terrorists spreading messages of hate, and toxic content directed at children, and threatened to pull ads from major platforms such as Facebook and Google unless the digital giants take steps to filter out misinformation and abusive content.

This strong message came nearly a year after dozens of big advertisers suspended their advertising on YouTube, after the Wall Street Journal found that Google's automated programs placed their brands on five videos containing racist content, but before the Cambridge Analytica story hit the news in March this year.

It is not surprising, then, that Facebook is trying to win back the trust of the advertisers. In the face of growing criticism it is publishing, for the first time, its specific rules for taking down content which has been reported to the social network's moderators. The 27-page document gives Facebook's definitions of hate speech, violent threats, sexual exploitation and more. The company will also, for the first time, give people a right to appeal its decisions.

Bloomberg's report says that the company has 7,500 content reviewers, up 40 percent from a year earlier, working in 40 languages. Facebook also has said it's working to increase the number of workers who speak the various languages that require more attention. But with 2.2 billion users around the world, that means each reviewer is responsible on average for a massive userbase, and in a blog post to accompany the publishing of the new code, Monika Bickert, vice president of global policy management, said that "Our policies are only as good as the strength and accuracy of our enforcement - and our enforcement isn't perfect. In some cases, we make mistakes because our policies are not sufficiently clear to our content reviewers. More often than not, however, we make mistakes because our processes involve people, and people are fallible."

How to address that problem?

Now that Facebook has published the policies, it's asking for feedback to edit them. The company will host a series of events around the world to solicit advice, starting in May. "Our efforts to improve and refine our Community Standards depend on participation and input from people around the world," Bickert said.

Meanwhile, Facebook subsidiary Whatsapp is banning under-16s from using its platform in the European Union. Users must currently be at least 13, but the firm is changing the rules ahead of the introduction of new EU data privacy regulations in May.

The app will ask users to confirm their age when prompted to agree new terms of service in the next few weeks. It is not clear, though, how the age limit will be verified. Perhaps some of the 16- and 17-year old Business students who are also WhatsApp users can come up with some suggestions?

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The difficulties of digital marketing in 2018 | tutor2u Business

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Digital marketing is, by its very nature, a dynamic environment. Many businesses have come to base a huge proportion of their marketing communications on digital and social media, and it is fantastically useful for them as a method of gathering and analysing data for marketing decision making.

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Explanation, analysis & evaluation technique

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Explanation, analysis & evaluation technique

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HMV campaign aimed at students prior to #lovevinyl campaign

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HMV campaign aimed at students prior to #lovevinyl campaign

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HMV has launched a new cinematic campaign that celebrates the brand having been the "home of vinyl since 1921".

The 30-second ad, which was filmed at the headquarters of Middlesex-based record label The Vinyl Factory, features Billy Cobham's 'Stratus' as its soundtrack. The ad flips through scenes demonstrating the pressing process of vinyl while highlighting classic records from the likes of Dr Dre, Led Zeppelin and Guns and Roses.

The ad will be rolled out in 33 independent cinemas across the UK, each located close to 37 of HMV's 128 stores, and will also be pushed out through social channels under the hashtag #lovevinyl. HMV is also working with universities to tailor the campaign's messaging to students, with the retailer aiming to become "the driving force behind student vinyl consumption."

Patrizia Leighton, head of marketing at HMV, said the ad is "celebrating the format of choice for music lovers" and will also aim to communicate the history behind the retail brand.

"Thanks to music lovers' passion for the format, and the determination of The Vinyl Factory we are lucky enough to continue to manufacture vinyl in the UK and have been able to share a glimpse of the process," said Leighton.

"We celebrate the format of choice for music lovers everywhere and we are proud to be the home of vinyl since 1921, when His Masters Voice first opened its doors at 363 Oxford Street, London to sell the finest selection of recorded music and the latest gramophones."

Earlier this year, HMV announced that 2016 would see its largest vinyl sales since 1997, with sales of more than 1.5 million LPs expected across its stores and website. And the retailer is not alone in its celebration of the resurgent format.

The Entertainment Retailers Association recently highlighted that sales of Vinyl have been steadily increasing in the UK over the past eight years, with a surge from 222,6000 vinyls sold in 2008 to 2,236,800 in 2015.

Major supermarkets such as Sainsbury's and Tesco are also keen to get in on the trend, with both now stocking vinyls in selected stores. Earlier this year, Tesco unveiled a campaign referencing The Velvet Underground to announce it was stocking vinyl.

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HMV taps into the vinyl boom with new cinematic campaign targeted at students

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HMV has launched a new cinematic campaign that celebrates the brand having been the "home of vinyl since 1921". The 30-second ad, which was filmed at the headquarters of Middlesex-based record label The Vinyl Factory, features Billy Cobham's 'Stratus' as its soundtrack.

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BPI report - excellent stats on size and growth of the sector

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BPI report - excellent stats on size and growth of the sector

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Official figures released today by record labels' association the BPI, based on Official Charts Company data, reveal a strong year for British recorded music, with UK consumption across all formats in 2017 growing at its fastest rate this millennium.

A total of 135.1 million albums or their equivalent were either streamed, purchased on physical format, and/or downloaded over the past 12 months. This represents a 9.5 per cent rise on 2016 and marks a third year of consecutive volume growth.

UK acts accounted for eight of the top-10 best-selling artist albums in 2017, with Ed Sheeran leading another successful year for British artists by laying claim to his own personal 'grand slam'. Divide was the year's most streamed, physically purchased (both on CD and LP) and downloaded album - marking the 13 th year in a row that the best-selling artist album has come from a British act ⁴. Ed also claimed the year's biggest single with Shape of You, whilst his hit Perfect gave him his first Christmas No.1 single to round off a remarkable year.

The strength of the home market was further underlined by the emergence of Rag'n'Bone Man as a major new force in British music alongside exciting solo acts such as Stormzy, Dua Lipa, J Hus, BRIT School alumnus Loyle Carner and Mercury Prize winner Sampha. There were also impressive first-time No.1 albums from Liam Gallagher, Paloma Faith and Harry Styles, whilst Little Mix continued to power on as one of the UK's most successful acts - their 2016 release Glory Days is heading towards 3x Platinum status and was in the year's top five best-selling artist albums. Sam Smith's The Thrill of It All also made the year's artist top-5 to consolidate his status as a major star around the world, while Michael Ball and Alfie Boe followed up 2016's debut success with Together Again claiming a top-10 spot. Taking compilation sales into account, the Official Chart for combined albums featured three titles - Now 98, Now 97 and Now 96 - in the overall top-5.

Geoff Taylor, Chief Executive BPI & BRIT Awards said: " Demand for music in the UK is growing fast, driven by brilliant British artists such as Ed Sheeran, Sam Smith, Rag'n'Bone Man, Little Mix, Stormzy and Dua Lipa and the innovative music industry that supports them.

"Whilst the rapid growth of streaming and resilient demand for physical formats gives us confidence for the future, it is important to remember that the music industry still has a long way to go to recover fully. Structural challenges must be overcome if long-term growth is to be sustained. First we must continue to fight the 'Value Gap'⁵, so that all digital platforms pay fairly for their use of music. Second, Government must ensure our musicians are able to tour freely even after we leave the EU. Finally, we should make the UK the best place to invest in new content by forging an online environment that is safe for consumers and where illegal sites cannot flourish. If we do this, the future for British music, which is already one of our leading exports, will be very bright. "
Streaming now accounts for over half of UK music consumption; 1.5bn weekly streams milestone
The year's strong growth in demand for recorded music was driven by a staggering 68.1 billion audio streams served through Spotify, Apple Music, Deezer and other audio streaming services. This represents a 51.5 per cent rise on 2016 and a remarkable 1,740 per cent increase since 2012.

Streaming now accounts for over half (50.4%) of all domestic music consumption, and in December the market witnessed a new landmark of 1.5 billion audio streams in a single week ⁶. Ed Sheeran was the year's most streamed artist ahead of Drake, with Shape of You the most streamed song and four tracks in the top- 10. Little Mix were the third most streamed, while Calvin Harris, Coldplay and Stormzy also made the top-10.
Vinyl LPs enjoy a decade of consecutive growth, with over 4 million copies purchased in 2017
The vinyl revival continues, with 4.1 million LPs purchased in 2017 - a rise of 26.8 per cent over the 12-month period and up by a notable 1,892 per cent since their low point of just 205,000 copies sold in 2007. Vinyl LP sales are now at their highest level since the start of the Nineties (1991), with close to 40,000 albums released on vinyl in 2017 ⁷. Almost one in 10 of all physical purchases are now on vinyl format.

Though still relatively small compared to streaming (50.4%) and even CD (30.8%), vinyl increasingly occupies a growing niche that now accounts for 3.0 per cent of the music consumed. The format has become part of an established multi-channel landscape where many consumers of all backgrounds appreciate the utility of streaming services to discover music that is new to them and which cater to their daily listening needs, whilst purchasing recordings by favoured artists on vinyl and CD that they may wish to gift, own and collect.

Ed Sheeran's Divide was the most purchased album on vinyl LP (and on CD), ahead of Liam Gallagher, whose first solo release As You Were enjoyed the highest week one sales of the year and in over 20 years. Amy Winehouse's classic Back To Black claimed a top-5 spot for the third year in a row, whilst Rag'n'Bone Man, Pink Floyd, The Beatles, Oasis and David Bowie were other British artists to make up the vinyl LP top-10.

Vanessa Higgins, CEO Regent St & Gold Bar Records, and an independent label member of BPI Council who heads up the BPI's Innovation Hub, said: "Music is now made and enjoyed in so many ways, and this process is constantly evolving to create ever-greater choice. Smart speakers are just the latest innovation likely to have a transformative effect on digital music consumption and discovery, and how this develops may well be the story of 2018. As an independent label we look forward to continuing advancements in technology that will enable even more, smaller artists to produce new music and find their audience, not least on vinyl."

Matt Ingham of independent label Cherry Red Records, famous for its catalogue on vinyl & CD, said:
"The music industry is in a permanent state of transformation. Genuine discovery is coming from the fresh resurgence in vinyl, the robust CD market and via the burgeoning streaming platforms. The combination of new and old technology means the industry can continue to rise to the challenge of providing the public with music to treasure forever."

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Rising UK music consumption enjoys fastest growth this Millennium - bpi

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Official figures released today by record labels' association the BPI, based on Official Charts Company data, reveal a strong year for British recorded music, with UK consumption across all formats in 2017 growing at its fastest rate this millennium.

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Some useful research from the last couple of years

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Some useful research from the last couple of years

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Record Store Day 2018

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Despite Spotify, Apple and the like offering streamed music, vinyl is in the midst of a massive resurgence - partly thanks to Record Store Day. Recent figures showed that US vinyl sales have surged by 321 per cent in the past year, while US sales have risen by 53 per cent.

This year's Record Store Day - an annual celebration of brick-and-mortar record shops that began in the US in 2008 - takes place on Saturday April 22, with over 200 independent UK vinyl emporiums taking part by selling exclusive limited-edition releases (see the Record Store Day site for details). Here are some of the best:

Rough Trade East - London (Old Truman Brewery, Brick Lane, E1)

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Best UK vinyl record shops to celebrate Record Store Day 2018

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Despite Spotify, Apple and the like offering streamed music, vinyl is in the midst of a massive resurgence - partly thanks to Record Store Day. Recent figures showed that US vinyl sales have surged by 321 per cent in the past year, while US sales have risen by 53 per cent.

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Rationale for why people buy vinyl rather than downloads

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Rationale for why people buy vinyl rather than downloads

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GlobalData is the market leader in providing actionable insight into the consumer goods industry. With market analysts in 18 countries around the world, along with a team of researchers and consultants, we can provide you with the reliable, in-depth industry information you need. For more in-depth analysis and insight view our reports at www.globaldata.com/store

Vinyl sales have made a notable comeback over the past few years, and there's a clear reason why.

Making a success out of nostalgia, the vinyl revival shows how a tangible and authentic experience can attract people away from the digital world.

Timeline for Comment wire

Vinyl sales increased by 52 percent in 2016 - though didn't surpass music downloads - according to the British Phonographic Industry (BPI).

HMV, the UK's largest vinyl merchant, predicts that the sale of vinyl in 2017 will be the largest since the late 1980's, with their album sales up 31 percent.

This is impressive given the exponential growth in online music streaming. Music manager John Hurst believes this is possible "as people use streaming as a discovery tool alongside wanting to browse and collect physical music formats".

Most pressed albums cost more than a monthly subscription to online streaming services, so why is a more expensive and limiting option on the rise, given streaming or downloading the music digitally is cheaper and easier?

In 2016 50 percent of vinyl sales were those under the age of 35, according to the Economist.

The growth in sales is down to seeing vinyl as a collectable package. It is not just the music that is being purchased, but the record, the artwork and design also included.

Vinyl is seen as a pure, authentic way of purchasing music, with better sound quality than digital downloads, going against the grain of mp3.

This means there are plenty of ways to differentiate what is being sold.

People are finding it easier to see digital music as disposable, given there is such open access to cheap or free music. To balance this they opt for a much more tangible, self-defining method of music collecting.

Buying the physical copy of an album is a statement of expression, which broadcasts who they are.

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The nostalgia trend has given vinyl momentum, where the largest selling album of 2017, Sgt Pepper's Lonely Hearts Club Band by the Beatles, was released 50 years ago.

People play with the idea of the better times in the past to influence their purchases, appealing to over a quarter (26 percent) of millennials globally who find retro packaging exciting, with a further 38 percent saying that it's nice to have, according to a recent GlobalData survey.

With the high price, people feel like they are paying these artists what they deserve, compared to the likes of YouTube and Spotify - who pay artists very little per play.

Expanding into 2018

There is no sign that the sale of vinyl is going to slow down in 2018, given there has been sizeable growth year on year, while big music labels such as Sony are opening their own vinyl pressing plants.

People want products that show who they are, the key to the vinyl boom.

Millennials in particular are looking for a tangible package that they can own and collect, rather than a digital download.

Digital is so readily available, but this is not the only thing people want.

Both vinyl and online streaming are growing extensively, although streaming at a much larger rate.

Not everything is going digital: there is still potential for traditional products to succeed, but to fight against digital you have to provide a truly authentic experience.

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Vinyl revival - the fad isn't going away and companies need to understand why

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GlobalData is the market leader in providing actionable insight into the consumer goods industry. With market analysts in 18 countries around the world, along with a team of researchers and consultants, we can provide you with the reliable, in-depth industry information you need.

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It's a lurid red in colour, and it exits its brightly coloured sleeve with a gentle swish. There's nothing gentle about the sound it makes when it meets the needle of my turntable. INHEAVEN's raucous guitars prove that millennials are perfectly capable of making the sort of noise Gen X-ers like me used hurl ourselves off stages to when it was performed live.

The south London band's eponymous debut album is thus tailor-made for the vinyl revival (the bright red is, of course, a limited edition) that will this year see the format recording its tenth consecutive year of growth.

Gennaro Castaldo, from music trade body the British Phonographic Industry (BPI), points to the emergence of an earlier wave of indie rock acts in the early Noughties - he cites the Arctic Monkeys in the UK, the Strokes and the White Stripes in the US - as playing a key role in keeping the format's flame burning when it was flickering.

It very nearly went out. A decade ago what used to be known as "records" were barely being kept alive by a small number of enthusiasts. A pitiful 205,000 units were shifted, realising just £1.1m, and the media (or those parts of it that noticed) was reading the last rites. Flash forward to today, and the projections are that the format will shift twenty times that number, and a still bigger multiple in terms of revenues, as retailers gird their loins for what could be a bumper Christmas.

Some of the hardcore aficionados were faintly appalled when the likes of Sainsbury's started to stock a small selection of classics on vinyl. But that's progress for you.

Progress is what the format continues to make. The BPI says that the first half of 2017 saw a 30 per cent rise in vinyl sales compared to the first half of 2016. Usain Bolt on steroids would struggle to keep up with the pace it's setting.

But, as Kim Bayley, chief executive of the Entertainment Retailers Association (ERA), points out, it took a lot of hard work by her members, particularly her independent members, to get us to this point.

"The record business jumped into the CD business and abandoned vinyl when there was still clearly demand - it was only after a sustained campaign from retailers, via Record Store Day, that they started making vinyl LPs available in the numbers we're now seeing and this has seen the market grow," she says.

That event, so important to independent record stores, has been enthusiastically supported by artists, who frequently put out specials and one-offs to coincide with it, retailers and record lovers alike.

Those record lovers are not just Gen X-ers like me, people who have rekindled a love affair with a format that had been cast aside when CDs emerged, with their pristine, if antiseptic, sound and their offer of extra tracks and other bells and whistles.

Streaming-addicted millennials, too, have been jumping in. The format will be on their Christmas lists, our Christmas lists, and those of a small army of baby boomers too.

At a time of heightened intergenerational tension (start with Brexit and follow the needle around from there) there's something that we can all agree on: vinyl is back and here's to its continued resurgence.

But the product, its packaging, and its marketing, have changed dramatically in the process.

Vinyl was for years the standard, and most popular format for listening to music. Its revival has been fuelled by its emergence as a premium product.

It doesn't take a maths degree to see that the average selling price in 2007 wasn't much more than a fiver per unit. At the time, the vinyl itself was usually thin, and the sleeves it came in were cheap.

Not any longer.

Now it's extremely rare to see any change from a £20 note for a single-disc release, like the aforementioned INHEAVEN outing.

To help justify that sort of price point today's vinyl platters are frequently heavyweights, and rather than cramming as many tracks as possible onto a single platter, doubles have become increasingly common.

Back in the day, so cross were the Clash when their label, CBS, refused to release London Calling on two pieces of vinyl that they recorded 1980's Sandinista as a triple in riposte.

Today? You want to put out your album out on two, or three, or even four slabs of vinyl? You got it. And we'll etch something pretty onto the final side to make it look nice if you haven't got enough material to fill it.

Such releases typically come with expansively produced gatefold sleeves together with multiple add-ons

The twisted psychedelia of The Black Angels' Death Song, the Texan outfit's fourth outing, is a lovely example. Really, it's a thing of beauty. It has a psychedelic pattern on the outer sleeve with a track listing inside the gatefold, along with a Daliesque picture. The latter is also included in poster form. There's a sticker too, although the vinyl itself is plain black (pity). Oh, and of course there's a download code. Shame on the record producers that don't include those. They should come as standard with any vinyl release. The whole package clocks in at £24.99 from Rough Trade, which is actually relatively modest.

To put it into context, the price of that one album represents more than a quarter of what you'd pay to access Apple Music's library of 40m tracks, including just about every artist you'd care to mention, for an entire year. But in many ways those two have become symbionts. Both the BPI and the ERA cite streaming as something that has helped to fuel the vinyl revival. Says Castaldo: "Essentially streaming is about access rather than ownership, so it leaves space for people to do both. It allows you to discover new music, or to rediscover old favourites, and then if you really love something you have the option to buy or gift it."

This, he says, has even helped slow the decline in sales of the CD, that one-time vinyl killer. The format that has suffered is the paid-for download. Rather than sell those, some independent minded artists have taken to giving them away for free; rap artists in particular.

A few years ago, frustrated by the inability to get their music up on iTunes, amid the sort of music industry wrangling that is the bane of many an artist's life, De La Soul briefly gave away their entire back catalogue. Incredibly, classics like Three Feet High & Rising and De La Soul is Dead still aren't available for purchase in that format, or for streaming. Fans won't care, because we took advantage of the offer. The band, meanwhile, got hold of our e-mail addresses for the purpose of promoting of live dates, and merchandise. A win-win, then.

Much the same thought processes appear to be at work with Run The Jewels, who offer all three of their (wonderful) albums as free downloads. Crazy? Like a fox. The band have one of the widest, and best, ranges of merchandise I've ever come across. And you can buy the vinyl releases if you want.

Interestingly, the legendary Public Enemy cited RTJ as one of the inspirations for their latest release, which was also available for free as a download when it emerged earlier this year. One of the stranger trends to have emerged through the vinyl revival is the purchase of records by streamers who don't even have turntables. Even those that have them don't always play their purchases. Last year a BBC/ICM poll found that 48 per cent of the vinyl buyers they surveyed in March 2016 said they had yet to play their purchases. Some 7 per cent did not own a turntable.

Says Castaldo: "There is that element of people just wanting to own the album as a piece of art, of people who love an artist they stream wanting to hold something by them in their hands. It's a bit like buying the original lyrics: you're purchasing an artefact that can you display."

That's an interesting point. The souvenir shop at the end of the current Soul of Nation: Art in the Age of Black Power exhibition at London's Tate Gallery is notably lacking in prints. But there is a soundtrack, put together to accompany it, that you can buy on vinyl, or CD, and several other limited-edition vinyl releases that tie in with it. You want to take some art away after experiencing it? There it is.

But what next? Cassettes? The second outing of Marvel's Guardians of the Galaxy franchise, in which the cassette plays an important role in the life of hero Peter Quill (Star Lord), saw the release of Awesome Mix 2 on the format. Some artists have also taken to releasing new material on it. But both Castaldo and the ERA think that it's something of a nostalgia-fuelled gimmick that is most unlikely to follow the same path that vinyl has.

The cassette was the portable format of its day and it doesn't lend itself to the sort of sumptuous packaging associated with modern vinyl. Then there's the low sound quality, with that ever-present hiss. Records, even expensively produced records on 180 gram vinyl, come with the odd crackle and pop. But those, like me, that buy the things to, you know, play them, have been tempted back by more than packaging.

The fact is that if you have a good turntable, the sound is divine. It's warmer, and richer, than digital music, or CDs. In listening to a record you are also experiencing the art as the artist intended it to be heard, and in the order of play. There is also something alluring about the ritual of carefully lowering a record on to your turntable before applying the needle. Watching it spin under the dust cover provides a pleasingly hypnotic spectacle that's all the better if the vinyl is multicoloured, or a picture disc. Those that buy vinyl without any intention of playing it are missing out on a treat.

So how far can the revival go? While sales have been booming, the format still represented only about 2.6 per cent of the overall UK recorded music market in 2016, based on album equivalent sales, and around 4.7 per cent of total album sales. Castaldo wonders if the number of factories producing records could put a natural ceiling on sales: "There is no sign that the growth in vinyl is slowing, but I do feel that there will be one, because the number of people drawn to it will be limited and there is the issue of plant capacity."

However, he adds: "Young people are increasingly turning to the format, as well as people who knew it and have returned to it, and there is gifting between the generations, so there's a way to go yet. Interestingly, a couple of years ago we saw artists like Adele and Amy Winehouse topping the sales lists, so while it has been seen as a very male phenomenon, that suggests otherwise.

"I'm not sure it will become a mass format like it used to be. But it should have a nice sustainable future as the industry evolves. And perhaps you might see, say, a Spotify offering links to its listeners so they can click through and buy what they have listened to as a vinyl release."

Vanessa Higgins, CEO of Regent Street and Gold Bar Records, and an independent label member of the BPI council, says we are increasingly in a multi-format age: "Fans are listening to music in so many ways now - we've definitely entered a multi-channel era. Millennials, who've grown up digital, are increasingly choosing to experience both current and heritage artists on vinyl also. Meanwhile older baby boomers are embracing streaming alongside their record collections. And, impressively, in between all that, there is still more than enough space for the CD, which remains popular, both with upcoming artists, who need an attractive physical product, and consumers, who still like to gift, collect and own the recordings they love."

But Kim Bayley has an important point to make. "More than anything, the revival of vinyl is a reminder to the industry and the media that they are sometimes too quick to write things off," she says.

Indeed so. With the industry making good money from the vinyl revival you'd hope that lesson would have been learned. You'd hope.

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It's a lurid red in colour, and it exits its brightly coloured sleeve with a gentle swish. There's nothing gentle about the sound it makes when it meets the needle of my turntable. INHEAVEN's raucous guitars prove that millennials are perfectly capable of making the sort of noise Gen X-ers like me used hurl ourselves off stages to when it was performed live.

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Vinyl sales may be on the up, but according to an ICM poll, almost half of people who bought a vinyl album last month have yet to listen to it. And of people who buy records, the poll found, 41% have a turntable they never use - and 7% don't even own a record player.

So as a buyer of vinyl that I no longer play, I have to ask: what's in it for us? The romance of owning a physical object? Having to go to a particular place and spend cold hard contactless money to buy it? That's certainly more rewarding than idly downloading a song while you're sitting on the loo. Or is it just about hanging a copy of Adele's latest album, last year's biggest selling vinyl album, on the wall of your lounge to look cultured?

As a DJ and music journalist, I used to own a lot of vinyl. It's not an exact measurement, but I'm talking two full Ikea Expedits ' worth. After moving in and then out of a fifth-floor flat with no lift, I decided that perhaps it was time to reconsider my situation and weed out some of the lesser-played records in my collection. As it turned out, it would probably be the last time I played a record. This was five years ago. My eye-wateringly expensive record player now sits with it's two output cables forlornly dangling down the back. On top of it are, among other things, a spare dog collar and a recorder.

But that's not to say that I don't have a strong emotional connection to the vinyl I have hung on to. I can pretty much remember where each and every record came from. That time I bought the seven inch for Hard to Love, Easy to Lay by Leeds-based band Black Wire in a store called Feeling Groovy in Peoria, Illinois; the occasion I found a mysterious album by a band called Ex-Hole in the street at 1am, only to discover their strange, minimal Belgian new wave would present me with one of my favourite songs, about someone dying of boredom at their own party.

The meditative quality of that warm, dusty crackle of vinyl. It made me feel safe and loved

Is it a waste of records to keep them and not play them? Is it like those drawers in the National History Museum that are full of bugs, pinned to card, that you can't even see unless you're a bug geek? Maybe. But for me each one holds a memory: of a person, a time, a place. Or the smell of the carpet when I found Talking Head's Naive Melody in 7" at the bottom of the 25p bin in the East Dulwich branch of Sense.

When it came to getting rid of some (reader, it was loads) of them, I went over those memories, like a flashback in a film. I can't say I had the same emotional engagement when I deleted 3,900 MP3s from my computer.

So why do I keep buying vinyl, if I never play it any more? I'll admit that on some level, as with the ownership of many physical things, it's a status symbol. No one knows that I'm listening to Mariah Carey at the back of the bus - but they do know, because I've shared it on Instagram, that I bought the Björk re-issue of Post on pink vinyl not all that long ago. And to my utter shame, it's still in the plastic.

The fact is that I am not the only person who buys but never tries. But it's certainly no bad thing for the economy - this weekend marks Record Store Day when vinyl will be flying out of independent shops around the land - or for the music industry. At a time when everything is disposable, going out and buying a record is a real commitment. If you don't ever listen to it, so be it.

When I first started DJing, not many places would have a CDJ (compact disc jockey) - so I had to carry my records around with me. Listening to them I'd think about the meditative quality of that warm, dusty crackle of vinyl. It made me feel safe and loved.

I can't get rid of all my vinyl, they're old friends. But I should probably do the right thing, plug my record player in and show them some love back.
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I don't need to play my vinyl to love it | Hanna Hanra

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Vinyl sales may be on the up, but according to an ICM poll, almost half of people who bought a vinyl album last month have yet to listen to it. And of people who buy records, the poll found, 41% have a turntable they never use - and 7% don't even own a record player.

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Lonely, middle-aged men love vinyl. Before you rush to litter the comments section with gnarly insults under the pseudonym NotAllLonelyMiddleAgedMen, this statement derives from actual data. According to YouGov, the much talked-about record resurgence is driven not by a boom in millennials who want to embrace the novelty of a physical item, but by midlife nostalgia. Those who have recently purchased a vinyl album are most likely to be aged between 45 and 54, apparently. In fact, those in the 18-24 age group are the least likely. It is not just an act of hoarding by hobbyists, either - it has emotional significance: older vinyl buyers are slightly more likely to keep their feelings to themselves (56% of vinyl buyers versus 53% of all UK adults) and enjoy being alone (69% of vinyl buyers versus 66% all UK adults).

But are YouGov's results true? If this blog was a televised news report, the camera would follow me as I walked down the middle of a busy Soho street, wearing a modest grey suit and gesturing wildly before stopping, cupping my hands and saying something authoritative like: "So, let's take a look."

So, let's take a look.

While the heart of Soho is slowly being drained of its charm and grot - hotels, Eats, Prets and Paperchases now fill the buildings once occupied by independent sellers - a handful of fantastic specialist record shops still remain. (I'd probably ask the camera to stop rolling for the next bit, in which I stand very close to various men in some of these stores and attempt to gauge their age and emotional disposition via observation.)

Glaswegian Stuart, 55, whom I follow from Sister Ray (data count: two young women, three middle-aged men) into Reckless Records (data count: eight middle-aged men, one woman, probably in her 20s) is in London for the afternoon for a meeting and is perusing the shops to fill a few hours. Is he a collector, I ask?

"I suppose I am," he says. "I have about 3,000 or 4,000 records."

These records, pictured above (he emailed me the snap, I didn't follow him home), line his living room walls. His reason for acquiring such a vast number of albums and singles is partly a result of his disposable income: he is now able to buy records he couldn't afford when they originally came out, and to repurchase items he sold when he was young and skint.

"A lot of the stuff I get is late 60s, early 70s, things that came out when I was 11 or 12, things I was probably a bit too young to get," he says.

He agrees that those who purchase records are more likely to be introverts who like their own company, adding: "I don't smoke, I don't drink very much. It's my vice."

Wez, 25, who works at Sister Ray, also believes that many of the customers he encounters fit the YouGov profile. He has, however, noticed a new wave of people influenced by the media hype, people who heard about the comeback and felt compelled to buy back their old records.

"From conversations I've had, people have got rid of their collection, normally around 1998 or 1999. Customers who once sold their vinyl to buy CDs are now selling their CDs to buy their records back," he says.

That may explain a boom in vinyl revivalists of a certain age. But what about the alleged emotional importance of records? It takes a few seconds in a shop such as Phonica to realise that record stores offer a comforting community of likeminded types. According to Wez, some older customers have taken umbrage with the contactless payment system in particular. Some vinyl fans may feel overwhelmed by the digital world and choose to retreat to the stability of the familiar record sleeve, of items that recall halcyon teenage memories.

"I think sometimes it can be filling a void or having material possessions as some kind of comfort," Wez says. "As a collector myself, I have that, and I think a lot of people do. It's an easy way to occupy your headspace."

"We're like their social workers!" pipes up a co-worker from a stack of records.

An ICM poll in April revealed that almost 50% of people who bought a vinyl album the previous month had yet to listen to it. The poll also found that 41% have a turntable they never use, while 7% of those who purchase vinyl don't own a record player. (At this stage of the news report, I would probably be looking gravely concerned while flicking through a stack of bossa nova compilations.)

The "trophy" aspect of the revival is something that Jonny, 42, who works in Sounds of the Universe (data count: three midde-aged men) has noticed. "Someone came in recently and said: 'I don't have a record player, but I want to buy a Radiohead record so we can put it on our shelf,'" he says.

"That's not a large percentage, but it's definitely happening. More of the product side, less of the music. We have people saying: 'I don't have a record player.' That's younger people, not older ones, late teens who are just getting into it."

Fopp, which now dedicates almost an entire floor to vinyl, has a far more varied audience when I arrive. There are couples in their 70s, tourists taking photos, teenage boys and middle-aged women. While the atmosphere is less at ease than the aforementioned stores - Wild Beast's latest synth- and sex-fuelled pop, rather than noodling jazz, is blasting from the speakers - it is good to see diversity in its customers. None of them look particularly lonely, but nagging psychological trauma is hard to ascertain by standing next to someone for 30 seconds.

Elanora, 27, has been walking around Fopp for a few minutes, looking at the variety of records on sale. She is window-shopping, rather than on a spending spree. She doesn't earn a lot, she says, so collecting records isn't really an option.

"It costs a lot. It's easy to listen to music by a computer or another way, but the beauty of vinyl is ..." she drifts off into a lovestruck sigh. "I don't know how to explain - it's really unique."

My last stop is a shop said to have inspired a fresh generation of vinyl lovers: Urban Outfitters. While giving the illusion of perusing the denim hot pants, I observe a group of teenage girls, who cluster around the Polaroid cameras momentarily, before a dad and his daughter deliberate purchasing a Crosley record player. To the left is a stairwell, a wall of which is stacked with records by Adele, Jeff Buckley, Amy Winehouse and Fleetwood Mac: a mix of contemporary and classics, the essential records for any average collection. Nobody is looking - perhaps because they are merely decoration, some so high up the wall that it would be impossible to touch them. It is pure " art vinyl ". But, given that any attraction to these items could mean more money for the industry and send a few customers into the depths of Soho for more, there is little to complain about.

It is no surprise that a demographic more likely than most to have more time and money than most is also the one that spends the most on luxury items such as vinyl. But while my findings suggest YouGov's results are accurate, in Soho record stores at least, they do not discount the huge number of female collectors and vinyl lovers that exist in reality, in record shops and on online forums. These people are probably working hard at school or in offices. They are certainly not spending their Thursday mornings loitering around the record shops of Berwick Street, flicking through records and avoiding the gaze of a creepy, 30-year-old fake television presenter who is looming over the shoulders of unsuspecting middle-aged men.
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Vinyl destination: who is actually buying records?

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Lonely, middle-aged men love vinyl. Before you rush to litter the comments section with gnarly insults under the pseudonym NotAllLonelyMiddleAgedMen, this statement derives from actual data. According to YouGov, the much talked-about record resurgence is driven not by a boom in millennials who want to embrace the novelty of a physical item, but by midlife nostalgia.

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We're not going to debate whether DJ-ing with Vinyl trumps MP3s or CDs. Some think the sound coming from Vinyl is a bit rounder, with a deeper bass and actually fuller. The MP3 sound lacks the warmth, which is why so many DJs are coming back to the basics - the Vinyl that is. Vinyl is so much more forgiving and a bit of clipping created by a DJ may give some unpleasant distortion if it comes from a digital medium.

There's a unique feel when DJing with a vinyl and many DJs feel like they truly own their music. You may actually see, touch, hold and feel your records, which is something that cannot be done with the digital formats. You get to take a look at your shelves with records and relive the memories of how you got them in the first place. There is no way you can feel an MP3 in your hands nor smell it either. Despite the technology, we do not even know if a CD or a digital file for that matter is going to last 50 years. We do know for sure that a Vinyl may surpass easily the 50 years. You cannot get the love and warmth from a MP3 music, according to many DJs. The turntables that Vinyls are played on are also a thing that adds to the cost of DJing, but even the best ones aren't that hard to come buy.

Let's get things straight: just because you own 50,000 tunes on your MacBook, it doesn't mean you run the house. Any DJ who mixed a lot with Vinyl can testify that a record was quite an investment and you had to practice a lot with it. After all, you couldn't buy all the records you wanted and you did have to practice in order to get better. This is why DJing with vinyl means you spent more time with your records. Playing some records at will isn't quite DJing, no matter how great you are at combining them! In a nutshell, DJ-ing with vinyl is more about quality and not quantity.

One thing that is common in the modern society...everyone is in a hurry and doesn't have time to enjoy and actually get connected. Not only you'd have to pay the buck for your record back in the days, but you'd also had to spend some time until settling for some record. You had to connect, ask around and get a sense of what you're getting. This thing isn't happening anymore when you're not getting Vinyl. You are always on the run and trying to do your job fast, losing out the details. This is why music sounds the same these days. Because you don't sit down, breathe and really listen to your records.

We still see DJs today using vinyl and some clubs even set rules for encouraging DJing with vinyl. We're not sure how to stand on this one, but coming back to the roots isn't such a bad thing after all.

Music today may sound like noise and DJ-ing with Vinyl may help us get rid of that. It's up to the DJs that didn't give up on vinyl to bring back the glory of true music. Music does sound better and is more valuable when using Vinyl. We do want to listen to some music and not noise, right?

Technology may lose the battle with Vinyl as more and more DJs are going back to using Vinyl records. It's still a matter of taste though and we can still find so many DJs using the digital technology (the new comers especially). Getting into the tricks and secrets of DJ-ing with vinyl isn't easy and you need to pay attention and spend the extra time to master it.

DJ-ing with digital materials is easier and the portability is a great thing to consider. You do need all the records when DJing with Vinyl, whereas when using the digital material things aren't that complicated nor difficult to move around.

We also see how more and more Vinyl records are sold and the music fans and collectors have a lot to say to the big come back of Vinyl. It's typical to find "vinyl only" club releases, which mean you may only plat it at a club from vinyl. DJing again with vinyl comes also from the music lovers using Vinyl again, which is amazing.

In addition, for those of you who sit in the middle, there is always the option of playing both Vinyl and other formats at the same time. Therefore, you are winning both ways.

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Do any DJs Still Use Vinyl? | Bass Traps

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We're not going to debate whether DJ-ing with Vinyl trumps MP3s or CDs. Some think the sound coming from Vinyl is a bit rounder, with a deeper bass and actually fuller. The MP3 sound lacks the warmth, which is why so many DJs are coming back to the basics - the Vinyl that is.

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This Saturday is the annual Record Store Day extravaganza, once again set to be marked with a slew of limited edition records, live performances and in-store events.

But new research suggests that while more people, notably young people, are buying into vinyl, a lot of them aren't actually playing the records.

An ICM poll, shared with the , says 48% of people who bought vinyl last month have yet to play the record. Some 7% of those surveyed said they didn't even own a turntable, while a further 41% said they have one but don't use it. We humbly suggest people could rectify this situation with one of our recommended turntables.

Jordan Katende, a student, told BBC News: " I have vinyls [sic] in my room but it's more for decor. I don't actually play them."
MORE: HD Vinyl promises better sound and cheaper production
Meanwhile, while the record resurgence was driven by a desire to own something physical, nearly half of vinyl buyers (45%) said they had listened to the record on a streaming service before buying the physical copy, proving people still buy after they try - great news for Spotify and co.

As for where people are spending their money, despite the popularity of Record Store Day, which last year saw sales up 742% compared to the previous Saturday, only 7% of music is actually bought from a high street record shop. ICM reports 73% of music is bought online, with Amazon accounting for 27% of all music sales.

How old are vinyl buyers? The research reports around 33% of vinyl consumers fall in the 25-34 age bracket, while 22% of buyers are aged 35-44. 16% of vinyl buyers are aged 18-24. The poll also suggests - set face to 'stunned' - that more men than women are buying vinyl, but only just. Around 8% of men surveyed had bought vinyl in the last month, compared to around 5% of women.

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48% of people who buy vinyl don't listen to the records

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This Saturday is the annual Record Store Day extravaganza, once again set to be marked with a slew of limited edition records, live performances and in-store events. But new research suggests that while more people, notably young people, are buying into vinyl, a lot of them aren't actually playing the records.

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target market, trends, external influence

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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:

"

47. Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable ... to be kept in penal servitude ...; ... ...

"

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.

The words from "and" to the end, omitted in the third place, were repealed for England and Wales by section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (subject to section 123(6) of, and paragraph 16 of Schedule 8 to, that Act).

The words "with or without hard labour" at the end were repealed for England and Wales by section 1(2) of the Criminal Justice Act 1948.

The text of this section is slightly different in Northern Ireland.

The expression assault includes " battery".

Fagan v Metropolitan Police Commissioner was decided under section 51 of the Police Act 1964, which also used the word "assault" without further explanation and without any explicit reference to battery. James J. said:

An assault is any act which intentionally-or possibly recklessly-causes another person to apprehend immediate and unlawful personal violence. Although "assault" is an independent crime and is to be treated as such, for practical purposes today "assault" is generally synonymous with the term "battery" and is a term used to mean the actual intended use of unlawful force to another person without his consent. On the facts of the present case the "assault" alleged involved a "battery."

In R v Williams (Gladstone), the defendant was prosecuted for this offence. Lord Lane said:

"Assault" in the context of this case, that is to say using the word as a convenient abbreviation for assault and battery, is an act by which the defendant, intentionally or recklessly, applies unlawful force to the complainant.

In R v Burstow, R v Ireland, one of the defendants was prosecuted for this offence. Lord Steyn said:

The starting point must be that an assault is an ingredient of the offence under section 47. It is necessary to consider the two forms which an assault may take. The first is battery, which involves the unlawful application of force by the defendant upon the victim. Usually, section 47 is used to prosecute in cases of this kind. The second form of assault is an act causing the victim to apprehend an imminent application of force upon her: see Fagan v. Metropolitan Police Commissioner [1969] 1 Q.B. 439, 444D-E.

The second form of assault referred to is the offence described as common assault in section 39 of the Criminal Justice Act 1988, which is also known as psychic assault or simply assault.

Occasioning

Blackstone's Criminal Practice, 2001, says that "occasioning" is equivalent to causing (para B2.21 at p. 172) and has a specimen form of indictment that uses the word "caused" (para B2.18 at p. 171).

In R v Roberts, the defendant gave a lift in his car, late at night, to a woman.

The woman said that while travelling in the defendant's car he sought to make advances towards her and then tried to take her coat off. She said that this was the last straw, and although the car was travelling at some speed, she jumped out and sustained injuries. The defendant said that he had not touched the woman. He said that he had had an argument with her and that in the course of that argument she suddenly opened the door and jumped out.

Stephenson LJ said that the test for determining whether the defendant had "occasioned" the injuries that the girl had suffered as a result of jumping out of the car was this:

Was it [the action of the victim which resulted in actual bodily harm] the natural result of what the alleged assailant said and did, in the sense that it was something that could reasonably have been foreseen as the consequence of what he was saying or doing? As it was put in one of the old cases, it had got to be shown to be his act, and if of course the victim does something so "daft" in the words of the appellant in this case, or so unexpected, not that this particular assailant did not actually foresee it but that no reasonable man could be expected to foresee it, then it is only in a very remote and unreal sense a consequence of his assault, it is really occasioned by a voluntary act on the part of the victim which could not reasonably be foreseen and which breaks the chain of causation between the assault and the harm or injury.

This passage was set out in R v Savage, DPP v Parmenter at page 14.

The book "Archbold" says that this test applies to any case where the injury was not the direct result of the defendant's act.

In R v Savage, DPP v Parmenter, Savage threw beer over the victim and, in the struggle, the glass broke and cut the victim. It was held that section 47 did not require proof of recklessness in relation to the "occasioning". The throwing of the beer was an assault, and that "assault" had occasioned the actual bodily harm which occurred in the continuing struggle. Parmenter injured his baby by tossing him about too roughly. Even though the baby was too young to apprehend the physical contact, there was voluntary contact that caused injury, so Parmenter was liable under section 47 because the injury resulted from his intention to play with his son.

Actual bodily harm

In Rex v. Donovan, Swift J., in delivering the Judgement of the Court of Criminal Appeal, said:

For this purpose, we think that "bodily harm" has its ordinary meaning and includes any hurt or injury calculated to interfere with the health or comfort of the prosecutor. Such hurt or injury need not be permanent, but must, no doubt, be more than merely transient and trifling.

This passage was cited and approved in R v Brown (Anthony), by Lord Templeman (at p. 230) and Lord Jauncey (at p. 242).

In R v. Miller [1954] 2 All ER 529, [1954] 2 QB 282, Lynskey J. said:

According to Archbold's Criminal Pleading, Evidence and Practice, 32nd ed, p 959:

"Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the prosecutor..."

However the House of Lords rejected this definition in DPP v. Smith, a case of grievous bodily harm in which the trial judge had described grievous bodily harm as "some harm which will seriously interfere for a time with health or comfort." The Lord Chancellor, Viscount Kilmuir QC, held:

I can find no warrant for giving the words 'grievous bodily harm' a meaning other than that which the words convey in their ordinary natural meaning. 'Bodily harm' needs no explanation, and 'grievous' means no more and no less than 'really serious'.

DPP v. Smith was followed in R v. Chan-Fook. Hobhouse LJ. said of the expression "actual bodily harm", in contending that it should be given its ordinary meaning:

We consider that the same is true of the phrase "actual bodily harm". These are three words of the English language that receive no elaboration and in the ordinary course should not receive any. The word "harm" is a synonym for injury. The word "actual" indicates that the injury (although there is no need for it to be permanent) should not be so trivial as to be wholly insignificant.

He went on to say:

The danger of any elaboration of the words of the statute is that it may have the effect, as was pointed out by the House of Lords, of altering, or at the least distracting the Jury from, the ordinary meaning of the words. Further, as can be seen from the summing-up in the present case, there may be an elision of the need to show some harm or injury. There will be a risk that language will be used which suggests to the Jury that it is sufficient that the assault has interfered with the heath or comfort of the victim, whether or not any injury or hurt has been caused.

R v Chan-Fook also followed the case of R v Metharam, in which Ashworth J had said:

It is a misdirection to adopt the old formula and invite a jury to find a man accused of wounding with intent to do grievous bodily harm guilty if the only intent established is one to interfere seriously with the health or comfort.

In R v. Morris (Clarence Barrington), Potter LJ., in delivering the judgement of the Court of Appeal said (the citations that he quotes from the textbook are omitted):

What constitutes "actual bodily harm" for the purposes of section 47 of the 1861 Act is succinctly and accurately set out in (1997 ed.) at para 19-197:

"Bodily harm has it ordinary meaning and includes any hurt (our emphasis) or injury calculated to interfere with the health or comfort of the victim: such hurt or injury need not be permanent, but must be more than merely transient or trifling ...

Actual bodily harm is capable of including psychiatric injury but it does not include mere emotion, such as fear, distress or panic ..."

"Actual", as defined in the authorities, means that the bodily harm must not be so trivial or trifling as to be effectively without significance.

Glanville Williams said that actual bodily harm is a silly expression because it suggests that there is some form of bodily harm that is not actual.

Cutting hair

In DPP v Smith (Michael Ross), the defendant held down his former girlfriend and cut off her ponytail with kitchen scissors a few weeks before her 21st birthday.[citation needed ] The Magistrates acquitted him on the ground that, although there was undoubtedly an assault, it had not caused actual bodily harm, since there was no bruising or bleeding, and no evidence of any psychological or psychiatric harm. The victim's distress did not amount to bodily harm. The Divisional Court allowed an appeal by the Director of Public Prosecutions, rejecting the argument for the defendant that the hair was dead tissue above the scalp and so no harm was done. Judge P said:

In my judgment, whether it is alive beneath the surface of the skin or dead tissue above the surface of the skin, the hair is an attribute and part of the human body. It is intrinsic to each individual and to the identity of each individual. Although it is not essential to my decision, I note that an individual's hair is relevant to his or her autonomy. Some regard it as their crowning glory. Admirers may so regard it in the object of their affections. Even if, medically and scientifically speaking, the hair above the surface of the scalp is no more than dead tissue, it remains part of the body and is attached to it. While it is so attached, in my judgment it falls within the meaning of "bodily" in the phrase "actual bodily harm". It is concerned with the body of the individual victim.

It has been accepted that actual bodily harm includes any hurt or injury that interferes with the health or comfort of the victim, and which is more than transient or trifling. To damage an important physical aspect of a person's bodily integrity must amount to actual bodily harm, even if the element damaged is dead skin or tissue. As Creswell J. commented in his short concurring judgment:

To a woman her hair is a vitally important part of her body. Where a significant portion of a woman's hair is cut off without her consent, this is a serious matter amounting to actual (not trivial or insignificant) bodily harm.

CPS charging standards

The Crown Prosecution Service has revised the guidance in its publication "Offences Against the Person, Incorporating the Charging Standard" due to the enactment of section 58 of the Children Act 2004 which provides that reasonable chastisement is not a defence to the offence of assault occasioning actual bodily harm. Assertions at that time that minor injuries to children could be charged as actual bodily harm were withdrawn in 2011.

The CPS previously advised that an assault which resulted in nothing more than grazes, scratches, abrasions, minor bruising, swellings, reddening of the skin, superficial cuts or a black eye should be prosecuted as a common assault in the absence of aggravating factors other than injury.

The charging standard states: "The offence of Common Assault carries a maximum penalty of six months' imprisonment. This will provide the court with adequate sentencing powers in most cases. ABH should generally be charged where the injuries and overall circumstances indicate that the offence merits clearly more than six months; imprisonment and where the prosecution intend to represent that the case is not suitable for summary trial."

And in reference to vulnerable victims such as children:

There may be exceptional cases where the injuries suffered by a victim are not serious and would usually amount to Common Assault but due to the presence of significant aggravating features (alone or in combination), they could more appropriately be charged as ABH contrary to section 47 of the Offences Against the Person Act 1861. This would only be where a sentence clearly in excess of six months' imprisonment ought to be available, having regard to the significant aggravating features.

The CPS also previously said that, by way of example, it considered the following injuries to be actual bodily harm and to be sufficiently serious that they could not be adequately reflected by a charge of common assault and ought normally to be prosecuted under section 47:

Causing any of these injuries (by assault or battery) would constitute the actus reus of assault occasioning actual bodily harm.

The mens rea of this offence is identical to that of assault or battery (depending on the mode by which the offence is committed). Accordingly, it does not correspond with the actus reus. Academic writers have termed this feature of the offence half mens rea and constructive liability.

The mens rea for this crime may be one of recklessness rather than intention as to the commission of an assault or battery, and it is considered to be a crime of basic intent.

The court in DPP v Parmenter ruled that, for this offence,

...it is not necessary to show that Parmenter intended bodily harm; if he intended or was reckless as to the assault, and the actual bodily harm was a reasonably foreseeable result (whether or not it was or should have been foreseen by Parmenter himself), that is sufficient.

In England and Wales, assault occasioning actual bodily harm is triable either way.

In England and Wales, a person guilty of assault occasioning actual bodily harm is liable, on conviction on indictment, to imprisonment for a term not exceeding five years, or on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding the prescribed sum, or to both.

Where a person is convicted on indictment of assault occasioning actual bodily harm, other than an offence for which the sentence falls to be imposed under section 227 or 228 of the Criminal Justice Act 2003, the court, if not precluded from sentencing an offender by its exercise of some other power, may impose a fine instead of or in addition to dealing with him in any other way in which the court has power to deal with him, subject however to any enactment requiring the offender to be dealt with in a particular way.

Assault occasioning actual bodily harm is a specified offence for the purposes of chapter 5 of the Criminal Justice Act 2003 because it is a specified violent offence. It is not a serious offence for the purposes of that Chapter because it is not, apart from section 225, punishable in the case of a person aged 18 or over by imprisonment for life, or by imprisonment for a determinate period of ten years or more. This means that sections 227 and 228 of the Criminal Justice Act 2003 (which relate to extended sentences) apply where a person is convicted of assault occasioning actual bodily harm, committed after the commencement of section 227 or 228 (as the case may be) and the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences.

See Crown Prosecution Service Sentencing Manual for case law on sentencing. Relevant cases are:

R v Smith (1988) 10 Cr App R (S) 434

R v Davies (1990) 12 Cr App R (S) 308

R v Hayes (1992) 13 Cr App R (S) 722

R v Charlton (1995) 16 Cr App R (S) 703

R v. Sharpe [1999] EWCA Crim 964 (13 April 1999), [2000] 1 Cr App R (S) 1

R v. Byrne [1999] EWCA Crim 1892 (29 June 1999), [2000] 1 Cr App R (S) 282

R v McNally [2000] 1 Cr App R (S) 535

Emms [2008] EWCA Crim 967

Nawaz [2008] EWCA Crim 1454

McDonald [2008] EWCA Crim 1499

Morgan [2009] EWCA Crim 659

R v Pavia [2009] EWCA Crim 1858

Ravenhill [2009] 2 Cr App R (S) 19

Parker [2010] 1 Cr App R (S) 32

Abbas [2010] 1 Cr App R (S) 47

It is inappropriate for the court to sentence an offender on the basis of racial aggravation where he has been convicted of this offence, but not the racially aggravated offence: R v. McGilliviray; R v. Kentsch.

In Northern Ireland, a person guilty of assault occasioning actual bodily harm is liable, on conviction on indictment, to imprisonment for a term not exceeding seven years, or on summary conviction to imprisonment for a term not exceeding twelve months, or to a fine not exceeding the prescribed sum, or to both.

In England and Wales, section 29(1)(b) of the Crime and Disorder Act 1998 (c.37) creates the distinct offence of racially or religiously aggravated assault occasioning actual bodily harm.

In England and Wales and Northern Ireland, assault occasioning actual bodily harm is an offence against the person for the purposes of section 3 of the Visiting Forces Act 1952.

In a number of jurisdictions this offence has been replaced by an offence which is very similar.

South Australia's section 20(4) of the Criminal Law Consolidation Act 1935 creates the offence of assault causing harm.

Section 267(b) of the Canadian Criminal Code creates the offence of assault causing bodily harm.

Section 3 of the Non-Fatal Offences against the Person Act 1997 (No.26) creates the offence of assault causing harm.

1. ^ ACT Parliamentary Counsel (1 September 2016). Crimes Act 1900 A1900-40 Republication No 107 (PDF). Australian Capital Territory.

2. ^ "South Australia Criminal Law Consolidation Act 1935" (PDF). www.legislation.sa.gov.au. Archived from the original (PDF) on 2008-08-09.

3. ^ R v Ireland, R v Burstow [1998] 1 Cr App Rep 177, [1997] 3 WLR 534, [1998] AC 147, [1997] 4 All ER 225, (1997) 25 July 1997, HL

4. ^ R v Savage, DPP v Parmenter [1992] 1 AC 699, [1991] 3 WLR 914, [1991] 4 All ER 698, (1991) 94 Cr App R 193, [1992] Crim LR 288, HL

5. ^ Ormerod, D. Smith and Hogan's Criminal Law. Thirteenth Edition. Oxford University Press. 2011. Page 620. The guidance was located at www.cps.gov.uk/legal/l_to_o/offences_against_the_person/#P48_1458.

6. The ^ Offences against the Person Act 1861 (24 & 25 Vict. c.100), section 47; the Penal Servitude Act 1891 (54 & 55 Vict. c.69), section 1(1); the Criminal Justice Act 1948 (11 & 12 Geo.6 c.58), section 1(1)

7. The ^ Criminal Justice Act 2003, section 163; this power was previously created by section 30(1) of the Powers of Criminal Courts Act 1973 and then by section 127 of the Powers of Criminal Courts (Sentencing) Act 2000

# data[].attributes.attachment_link.description
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.

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