Assault Occasioning Bodily Harm

The offence of Assault Occasioning Bodily Harm from section 339 of the Criminal Code (Qld) is a serious criminal offence commonly charged when Police allege that a person has unlawfully assaulted another person and thereby caused the person injury.  

The maximum penalty for a standard of ‘simpliciter’ charge of Assault Occasioning Bodily Harm is 7 years’ imprisonment, however, where the offence is charged with a circumstance of aggravation, the maximum penalty increases.

It is a circumstance of aggravation for this charge if the Defendant was, at the time of the offence:

• armed (or pretended to be armed) with a dangerous or offensive weapon or instrument 
• in company is in company with 1 or more other person or persons
• wholly or partly motivated to commit the offence by hatred or serious contempt for a person’s race, religion, sexuality, sex characteristics or gender identity.

If any of the above circumstances of aggravation are alleged, and charged, the maximum penalty for the offence increases from 7 years imprisonment to 10 years imprisonment.

Another circumstance of aggravation exists for this offence where the person charged has assaulted the other person and caused them harm whilst in a public place and adversely affected by an intoxicating substance.   In this scenario, if the person is convicted, the Court must give them community service as a part of their sentence. 

What is an ‘Assault Occasioning Bodily Harm?’

Unlike a common assault charge, the offence of Assault Occasioning Bodily Harm requires that a complainant suffer a bodily injury which interferes with their health or comfort as a result of the assault.  

The following acts constitute Assault Occasioning Bodily Harm:

• Biting a person without their consent and leaving a bruise
• Punching a person in the face, causing a black eye
• Grabbing the arm of a person tightly and breaking the skin with your fingernails.

What Must Be Proven?

For a person to be found guilty of a charge of Assault Occasioning Bodily Harm, the Prosecution must prove each of the following elements of the offence beyond a reasonable doubt:

1 – The Defendant ‘assaulted’ another person

• A person will have assaulted someone if they apply force, directly or indirectly to another, without the other person’s consent.

2 – The assault was unlawful 

• In other words, it was not justified or excused by law/ though the application of some lawful defence 

3 – That the assault caused bodily harm

• The sensation of pain alone is not enough, there must be some identifiable bodily injury which interferes with health or comfort.

If the Police cannot prove each of the above elements of the offence beyond a reasonable doubt, the person charged should be found not guilty. 

Which Court Will Hear the Matter?

The charge of Assault Occasioning Bodily Harm can be finalised before:

• The Magistrates Court, or the District Court of Queensland. 

• When charged with this offence, the person charged can elect to commit the matter to the District Court for trial. 

Possible Defences

The following defences may be open to a person when charged with Assault Occasioning Bodily Harm:

• Self-Defence
  • Where a person has used reasonable force to defend themselves, and the force they used was proportionate to the threat they were facing at the time.
• Provocation 
  • This defence can be raised where, moments prior to the assault, the person assaulted does or says something to the Defendant which is so wrong or insulting that it would cause an ordinary person to lose self-control and assault them in the heat of the moment, before they had time to calm themselves.  The assault must also be proportionate to the provocation. 

Common Questions about Assault Occasioning Bodily Harm

Will I go to Gaol?

The following is a list of potential sentences a Queensland Court can make (in order of seriousness, from least serious to most serious):

• Convict and not further punish
• Release upon entering into a recognisance, with no conviction recorded (also known as a Good Behaviour Bond)
• A monetary fine
• Probation 
• Community Service
• An Intensive Corrections Order
• Suspended Orders of Imprisonment
• Imprisonment 

Which of the above sentencing options the Court will prefer will largely depend on a number of matters, including but not limited to:

•  the extent of the injury caused 
• whether the person was unconscious for any period of time; and
•  whether the person charged has any criminal history for previous violent offending.

In Queensland, if a person commits an offence of violence, the sentencing principle that ‘imprisonment is a sentence of last resort’ does not apply.  Accordingly, a person will often be at risk of imprisonment if convicted of a charge of Assault Occasioning Bodily Harm, even if they have no previous criminal history.

There is also a high risk of a conviction being recorded.  In Queensland, any time the Court orders a term of imprisonment for an offence (even if the imprisonment is wholly suspended, or the person is granted immediate parole) the Court must record a conviction. This means the offence will appear on the person’s Court outcomes, and the person will have recorded criminal history. 

The consequences of a conviction being recorded for any type of offence can be serious if you have a job or type of employment where you need to have no prior criminal convictions. It may also jeopardise your employment and/or make it difficult to obtain visas for overseas travel.

If you are contacted by Police and they want to talk to you about a charge of Assault Occasioning Bodily Harm, or if you are charged with this offence or any other criminal matter, it’s important you receive good advice at the earliest opportunity and before speaking with Police or anyone else about the matter.   

Armstrong Legal provides expert legal advice and representation for offences of this nature. Contact Armstrong Legal now to arrange an obligation free consultation.