Assault Occasioning Actual Bodily Harm

Actual bodily harm has been defined by thecourts to mean any bodily injury and includes any hurt or injury calculated to interfere with the health or comfort of the victim. Scratches,bruising, cuts and abrasions would all come within the definition of assault occasioning actual bodily harm. Therefore the offence of assault occasioning actual bodily harm occurs where one person assaults another causing the other person to sustain any injury.

 

The offence of assault occasioning actual bodily harm is a serious one and  16% (1305) of all offenders dealt with in the Local Court between July 2007 and June 2009 received a gaol sentence.

 

 

The Law 

Section 59 of Crimes Act states:

Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.

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Maximum penalty 

The maximum penalty for assault occasioning actual bodily harm  is 5 years imprisonment.

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What the police must prove 

In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. There was an assault
2. It caused actual bodily harm

It will be necessary for the police in every offence to prove that the accused was the person who committed the offence. 

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Possible defences to a charge of assault occasioning actual bodily harm

Possible defences to this offence include but are not limited to

• Duress
• Necessity
• Self Defence

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What court is likely to hear the matter

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court.  If no election is made, it will be dealt with in the Local Court.

 

Disclaimer

The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.