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. - An assault
- 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 - Duress
- Necessity
- 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.
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