Assault Occasioning Actual Bodily Harm
Actual Bodily Harm (ABH) refers to injuries that are more than minor or temporary. It includes any harm that interferes with the victim’s health or comfort, such as:
- Bruising or swelling
- Lacerations or cuts
- Psychological harm (if it is more than trivial)
- Fractures or more severe injuries
Unlike common assault, AOABH requires proof that the victim suffered tangible harm, which does not have to be permanent but must be significant.
Under Section 59 of the Crimes Act 1900, AOABH is defined as an assault that results in actual bodily harm to the victim. The maximum penalties are:
- Imprisonment: Up to 5 years
- Imprisonment (in company): Up to 7 years
Australian courts take these offences seriously, particularly in cases involving domestic violence or repeat offenders. The severity of the sentence depends on factors such as the extent of the injury, the circumstances of the assault, and whether the accused has prior convictions.
Elements the Prosecution Must Prove
To secure a conviction for AOABH, the prosecution must establish beyond a reasonable doubt that:
- An Assault Occurred – The accused applied force or threatened force against another person unlawfully.
- Actual Bodily Harm Resulted – The assault caused harm beyond transient or trifling injuries.
- Intent or Recklessness – The accused either intended to cause harm or was reckless as to whether harm would occur.
The prosecution must also prove that the accused did not act in self-defence or under other lawful circumstances.
Possible Defences
If you are charged with AOABH, potential legal defences may include:
- Self-Defence – If you acted to protect yourself or another person from immediate harm.
- Duress – If you were forced to commit the act due to threats of serious harm.
- Necessity – If you acted to prevent greater harm from occurring.
- Lack of Intent – If you did not intend to cause actual bodily harm and were not reckless in your actions.
- Consent – In some cases, if the victim consented to the act, it may serve as a defence (e.g., during sports activities).
A skilled defence lawyer can assess the evidence against you and determine the best strategy to challenge the prosecution’s case.
Potential Penalties
The court may impose various penalties depending on the severity of the offence, including:
- Section 10 Dismissal – No conviction recorded
- Conditional Release Order (CRO) – A good behaviour bond without a conviction
- Community Correction Order (CCO) – A supervised order with conditions
- Intensive Correction Order (ICO) – A custodial sentence served in the community under strict conditions
- Imprisonment – A custodial sentence served in prison
The sentence will depend on factors such as the seriousness of the injury, prior criminal history, and any mitigating circumstances.
Legal Process
& Options
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Pleading
Not Guilty
If you believe you did not commit the offence or there is insufficient evidence against you, you may plead not guilty. Your lawyer can challenge the prosecution’s case by:
- Examining the credibility of the evidence and witnesses
- Arguing that the injuries do not amount to actual bodily harm
- Establishing a legal defence (such as self-defence or duress)
If the prosecution cannot prove the case beyond a reasonable doubt, you will be found not guilty, and the charges will be dismissed.
Pleading
Guilty
If you admit to the charge, you may choose to plead guilty. Doing so can result in a more lenient sentence, as it demonstrates remorse and willingness to accept responsibility. The court may consider mitigating factors such as:
- A lack of prior criminal history
- Good character references
- Demonstrating remorse and taking responsibility
- Voluntary rehabilitation or anger management courses
Depending on the circumstances, you may be eligible for a reduced penalty, such as a conditional release order instead of imprisonment.
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Here is some general information about various assault charges and how our criminal defense team can help you:
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Definition : Physical violence is the use of physical force to harm or threaten a victim.
Expression :
- Pushing, hitting, kicking, slapping
- Using weapons or objects to injure the victim
- Choking, tying up or restraining the victim
Impact : Physical violence not only causes obvious physical harm, but can also lead to long-term health problems and psychological trauma.
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