Assault occasioning actual bodily harm

In New South Wales, assault occasioning actual bodily harm is a more serious offence compared to simple assault (commonly known as common assault). Governed by section 59 of the Crimes Act 1900, this offence carries a maximum penalty of five years imprisonment. Here’s an overview of assault occasioning actual bodily harm in NSW:

What Must Be Proven?

For a conviction of assault occasioning actual bodily harm, the prosecution must establish the following elements beyond a reasonable doubt:

1. Application of Physical Force

   • The accused must have applied physical force to another person intentionally or recklessly.

2. Intent or Recklessness

   • The act causing harm must have been done intentionally or recklessly, foreseeing the possibility of causing harm.

3. Actual Bodily Harm

   • The force applied resulted in actual bodily harm to the victim, which is more than fleeting or transient.

4. Absence of Lawful Excuse

   • The act was done without lawful excuse.

What Constitutes Actual Bodily Harm?

Actual bodily harm is defined by case law as an injury that exceeds minor or fleeting harm. It includes injuries like scratches or bruises but typically excludes temporary redness that fades quickly. It’s less severe than grievous bodily harm, which involves very serious injuries such as permanent disfigurement or broken bones.

Penalty

The maximum penalty for assault occasioning actual bodily harm is five years imprisonment. However, if the offence was committed in company with another person, the maximum penalty is extended to seven years imprisonment. In the Local Court, where the offence is dealt with summarily, the jurisdictional limit is two years imprisonment and/or a fine of $5,500.

Jurisdiction

This offence is considered a summary indictable offence, known as a Table 2 offence. It’s typically dealt with in the Local Court unless the prosecution elects for it to be finalised in the District Court. The defence has no say in whether the matter remains in the Local Court or is committed to the District Court.

Defences

Various legal defences can be invoked by the accused, including:

• Lack of intention or recklessness in the conduct.
• Acting with lawful excuse, such as self-defence or under duress.
• Insufficient understanding due to age (if the accused was under 14).

Causing Dog to Inflict Actual Bodily Harm

Under section 35A of the Crimes Act, a separate offence exists for causing a dog to inflict actual bodily harm on a person. This offence carries a maximum penalty of five years imprisonment and occurs when a person controls a dog and recklessly causes it to harm someone. Navigating the complexities of assault occasioning actual bodily harm charges requires expert legal guidance to explore potential defences and mitigate penalties.

• That the accused committed a physical act (touching, striking or applying force to another) and that the physical contact was not touching in the ordinary course of life;
• The accused did so intentionally or recklessly;
• The accused did so without lawful excuse; and
• As a direct result of that physical act the victim suffered a physical injury that is more than “transient or trifling”.

The defence is found in section 418 of the Crimes Act 1900 (NSW) which states that you are not criminally responsible for an offence if:

1. You believed your conduct was necessary:
   
   • To defend yourself or another person, or
   • To prevent the unlawful deprivation of your liberty or another person’s, or
   • To protect your property from being taken, destroyed, damaged or interfered with, or
   • To prevent criminal trespass to your land, or remove a person criminally trespassing, and
2. Your conduct was a reasonable response in the circumstances as you perceived them.

To rely on self-defence, there must be evidence capable of supporting a reasonable inference that you acted in accordance with the section.Once self-defence is raised, the prosecution must disprove it ‘beyond reasonable doubt’ if it is unable to do so, you are entitled to an acquittal.Self-defence is not available where you used force that involved the reckless or intentional infliction of death only to:

1. Protect property, or
2. Prevent or remove a criminal trespass.

If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.

Have you been charged with Assault Occasioning Actual Bodily Harm? 

If you’ve found yourself facing charges for recklessly causing grievous bodily harm or wounding, it’s crucial to take action immediately. Don’t let the weight of these charges overwhelm you—reach out to our experienced legal team today to schedule your first free consultation.

During this consultation, we’ll carefully review the details of your case, listen to your concerns, and provide you with personalized legal advice tailored to your situation. Our goal is to ensure that you understand your rights and options moving forward, empowering you to make informed decisions about your legal defence.

With our expert guidance and staunch representation, you can rest assured that your case will be in capable hands. We’ll work tirelessly to protect your rights and pursue the best possible outcome for your situation.

Don’t delay—contact us now to take the first step towards resolving your legal matter. Book your first free consultation.