Have you been charged with Assault Occasioning Actual Bodily Harm?

When facing charges as serious as Assault Occasioning Actual Bodily Harm (AOABH), it's completely normal to feel overwhelmed and unsure of what steps to take. Our seasoned legal team has successfully assisted numerous individuals in similar circumstances, allowing us to offer strategic defence in Assault cases. We recognise that every case is unique, and our expertise ensures that we can tailor our approach to your specific needs and circumstances. 

We are here to guide you through the legal process, providing clarity, comprehensive support, and a steadfast commitment to securing the best possible outcome for your case. If you or someone you know has been charged with AOABH, reach out to our team and seek expert legal guidance and defence with our specialised assault lawyers at Faraj Defence Lawyers.

Why Choose Faraj Defence Lawyers?

Choosing the right legal representation can make all the difference when facing AOABH charges, as Faraj Defence Lawyers stands out as the optimal choice for defendants seeking expert guidance and unwavering support. So what makes us stand out?

What is the offence of Assault occasioning actual bodily harm?

Assault Occasioning Actual Bodily Harm, as defined under Section 59 of the Crimes Act 1900 (NSW), is a criminal offence that involves intentionally or recklessly causing another person to suffer physical harm beyond mere discomfort or transient pain. In essence, this offence goes beyond a common assault, encompassing situations where the victim sustains injuries that can be objectively identified as ‘actual bodily harm’.

The landmark case of R v Donovan (1938) KB 498 provides important guidance on what constitutes 'Actual Bodily Harm.' According to the ruling, the harm must be, “more than merely transient and trifling”. The court emphasised that while the harm does not need to be permanent, it must surpass the threshold of being minor or fleeting.

Actual bodily harm includes a range of injuries, such as bruises, scratches, cuts, a ‘black eye’, a psychiatric condition, and more. The key element is that the harm caused injuries which are tangible and have somewhat of a lasting effect. The severity of the injuries plays a crucial role in determining the appropriate charges and potential penalties associated with this offence.

What must the prosecution prove

The prosecution are required to prove, beyond reasonable doubt, that:

• That you assaulted the complainant; and

• As a consequence of that assault, the complainant sustained actual bodily harm.

• As a consequence of that assault, the complainant sustained actual bodily harm, and

• Your actions were done without lawful excuse.

Notably, actual bodily harm can also be deemed to have been occasioned where a victim has been injured psychologically in a very serious way, going beyond merely transient emotions, feelings, and states of mind  - however, this only occurs in rare cases.

Actual bodily harm refers to an injury which is less serious than grievous bodily harm. Grievous bodily harm is a ‘really serious’ injury including the destruction (other than in the course of a lawful abortion) of the foetus of a pregnant woman, any permanent or serious disfiguring of the person, and any grievous bodily disease.

Whilst the prosecution are required to prove that you intentionally or recklessly assaulted the complainant, there is no need to prove that you intended to cause actual bodily harm.

Penalties for Assault occasioning in bodily harm

The maximum penalty for AOABH in NSW is five years imprisonment. However, the actual penalty imposed by the court will depend on the specific circumstances of the case and the defendant's criminal history.

In determining the appropriate penalty, the court will consider factors such as the seriousness of the harm caused to the complainant, the level of violence used by the defendant, and any aggravating or mitigating factors.

The offence is considered aggravated where it is committed in the company of another person or persons. In this case, it carries a maximum penalty of 7 years imprisonment.

However, AOABH (including if in company) is a ‘table 2’ offence which means that it will be dealt with in the Local Court unless the prosecution elects for the matter to proceed to the District Court.

In practice, this means that the matter will regularly be dealt with in the Local Court.

In the Local Court, the maximum penalty is limited to 2 years imprisonment and/or a $5,500 fine.

Apart from a full-time custodial sentence, you may also be eligible for the following penalties:

• S10(1)(A) dismissal.

• Conditional release order without conviction.

• Conditional release order with conviction.

• Fine.

• Community corrections order.

• Intensive corrections order.

It is important to work with your lawyer to prepare your case properly to give yourself the best chance to avoid any custodial sentence or receive a non-conviction penalty.During a sentence for AOABH, the court will consider the degree of violence involved in an assault.

It has been held that an offence may be objectively serious due to the nature of the assault notwithstanding minor injuries occasioned.

Defences

• Self defence

• You did not assault the complainant (false allegation)

• You did not intend to assault the complainant, nor did you realise the possibility of inflicting any harm

• Duress or necessity

• The injury does not amount to actual bodily harm

• You did not cause the actual bodily harm
  

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Let Faraj Defence Lawyers defend your rights

Facing charges of Assault Occasioning Actual Bodily Harm (AOABH) is a serious matter that demands expert legal representation. The consequences of a conviction can have a lasting impact on your life, possibly affecting your current or future employment, negatively impacting future family law proceedings, hindering your ability to travel and change your overall lifestyle. 

Seeking legal representation is not merely a choice; it is a fundamental right aimed at protecting your rights and securing a fair outcome. Our experienced team of legal professionals possess an in-depth understanding of assault laws and have a proven track record in handling cases similar to yours. 

When you choose Faraj Defence Lawyers, you are not just securing legal representation, you are gaining a strategic ally dedicated to protecting your rights and guiding you through every stage of the legal process.

If you or someone you know is charged with Assault Occasioning Actual Bodily Harm, don't face the legal system alone. Call us now at (02) 8896 6034 for free advice or book a free initial consultation and seek the expertise of one of our specialised Assault related lawyers.