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Assault Occasioning Actual Bodily Harm Charge - Lawyer / Solicitor Article.

Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in assault matters)

The Law - Assault Occasioning Actual Bodily Harm - Law – Lawyer / Solicitor Article

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.


Maximum Penalty - Assault Occasioning Actual Bodily Harm - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Assault occasioning Actual Bodily Harm is 5 years imprisonment.


What the Police must prove - Assault Occasioning Actual Bodily Harm - Lawyer / Solicitor Article

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

  1. An assault
  2. Occasioning 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. Click here to learn
more about identification evidence.


Possible Defences - Assault Occasioning Actual Bodily Harm Defences – Lawyer / Solicitor Article

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Self Defence

What court is likely to hear the matter - Lawyer / Solicitor Article

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 criminallaw@armstronglegal.com.au 

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.



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