Assault occassioning actual bodily harm

What is an Assault Occasioning Actual Bodily Harm ?

An Assault Occasioning Actual Bodily Harm is any act (but not a failure to act) where a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence and Actual Bodily Harm results.

Some examples of assault include:

• Striking at a person with a first or slapping a person;
• Throwing an object at another person (even if it misses); and/or
• Unlawful imprisonment of another person

Assaults are divided into different categories – “common assaults” and “aggravated assaults”. This article deals with Assault Occasioning Actual Bodily Harm which is an aggravated assault.

Case law/Jurisdiction

An offence of Assault Occasioning Actual Bodily Harm is what is known as a “Table 2” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Director of Public Prosecutions (DPP). What must the prosecution prove? Since Assault Occasioning Actual Bodily Harm is a criminal offence, the burden of proof lies on the Prosecution. The prosecution must prove the Accused’s guilt beyond reasonable doubt.

That is a high standard of proof that the prosecution must achieve before someone can be convicted of Assault Occasioning Actual Bodily Harm

To establish Assault Occasioning Actual Bodily Harm the prosecution must prove each of the following matters beyond reasonable doubt:

• You applied force, hit or touched another;
• You did so intentionally or recklessly;
• Without consent or lawful excuse; and
• That action caused bodily harm to the other person.

Actual bodily harm is “hurt or injury that interferes with the health or comfort of the person assaulted”. The Law The Law in relation to Assault Occasioning Actual Bodily Harm is found in section 59 of the Crimes Act 1900 (NSW). It states:

(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (3) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.

If you are charged with the offence of Assault Occasioning Actual Bodily Harm what are your options? National Criminal Lawyers have been successful in defending a number of Assault Occasioning Actual Bodily Harm charges where the prosecution could not establish each of the elements of Assault. We have also achieved a number of non-convictions for Assault Occasioning Actual Bodily Harm. NCL offer the following options for those who have been charged with Assault:\

• We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
• NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that prosecution has not proven its case beyond reasonable doubt;
• Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
• Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.