What is the penalty for assault occasioning actual bodily harm?
Under Section 59 of the Crimes Act 1900 (NSW), assault occasioning actual bodily harm attracts a maximum penalty of 5 years imprisonment, or 7 years if committed in company.
The section reads:
Assault Occasioning Actual Bodily Harm:
(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 (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.
“Actual bodily harm” is essentially some form of injury, however trivial that may be. A bruise, cut or even abrasion could constitute actual bodily harm.
Where will my charge of assault occasioning actual bodily harm be heard?
The charge of assualt occasioning actual bodily harm is almost always heard in the local court. Here, the jurisdictional limit for sentence for assault occasioning actual bodily harm is 2 years imprisonment.
What is the difference between common assault and assault occasioning actual bodily harm?
The main difference is the type of injury. There does not need to be any physically injury to make out a charge of common assault. Common assault can include simply yelling abuse at someone. The legislation does not define actual bodily harm. However, case law provides some guidance as to what constitutes actual bodily harm. Typical examples of ‘actual bodily harm’ include bruises and scratches. The court will not only consider the extent of the injuries, but the circumstances in which the offence occurred.
Also, there is no intent element in both common assault and assault occasioning actual bodily harm offences.
For example, Mr X finds himself arguing with his neighbour Mr Y. The argument gets heated and Mr X pushes Mr Y. Mr Y is smaller than Mr X and so falls backwards as a result of the push and receives some bruising to his right arm and shoulder. Mr X will be charged with assault occasioning actual bodily harm, even though he didn’t intend to cause any injuries to Mr Y.
What is the penalty for assault occasioning actual bodily harm?
Depending on your criminal record and the circumstances of the offence, the following are likely penalties:
- Section 10 no conviction
- Section 9 good behaviour bond
- Community Service.
For your first offence, and in circumstances where the injury is not a serious one, you may be entitled to leniency and dealt with under section 10 of the Crimes (Sentencing and Procedure) Act 1999 as a penalty for assault occasioning actual bodily harm.
For more information on Section 10, and to see case studies where we have achieved a Section 10 for our clients, go to:
https://lylawyers.com.au/criminal-law/section-10/
However, if the offence is a particularly serious example, the penalty for assault occasioning actual bodily harm can be a term of full-time imprisonment. Generally, you would have to have quite a bad criminal history to find yourself facing full-time jail for a charge of assault occasioning actual bodily harm.
You can see more information and case studies and examples on our assault occasioning actual bodily harm page:
https://lylawyers.com.au/assault-occasioning-actual-bodily-harm/
If you have been charged with assault occasioning actual bodily harm, call LY Lawyers on 1300 595 299 to speak to one of our experienced lawyers about how we can help you fight a charge of assault occasioning actual bodily harm.