Assault Occasioning Actual Bodily Harm – What Injuries Count in NSW?

If you’ve been charged with Assault Occasioning Actual Bodily Harm (AOABH) in NSW, you may be wondering what the term “bodily harm” actually covers.

 

Definition of Actual Bodily Harm

Section 59 of the Crimes Act 1900 (NSW) defines AOABH as an assault that results in injury that is more than merely transient or trifling.

This can include:

      • Bruises, grazes, or scratches

      • Minor fractures

      • Swelling or redness lasting several days

      • Psychological harm that is more than fleeting

    The harm must be proven through evidence such as medical records, photographs, or witness testimony.

     

    Difference Between AOABH and Common Assault

    While common assault can occur without injury, AOABH requires the prosecution to prove actual harm.

    The injury doesn’t have to be permanent, but it must be more than very minor or temporary discomfort.

    Furthermore, consent does not matter where an assault is concerned that resulted in actual bodily harm, and you will still be guilty of the offence if the victim consented to it.

     

    Examples of AOABH

        • Punching someone and causing a black eye

        • Pushing someone to the ground, causing a broken wrist

        • Grabbing someone forcefully and leaving noticeable bruises

        • Verbal abuse combined with an act that causes measurable physical harm

       

      Penalties for AOABH

      The penalties for AOABH are significantly higher than for common assault:

          • Up to 5 years imprisonment (7 years if committed in company)

          • Fines

          • Community-based orders

        Courts will look at factors such as intent, the level of harm, and whether the offence occurred in a domestic violence context.

         

        Defences to AOABH

        Possible defences include:

            • Self-defence

            • Accident – where the injury was unintended and unforeseeable

            • Consent – in lawful sports or activities

            • Insufficient evidence of harm

           

          Importance of Legal Advice

          AOABH charges can have profound implications for your future.

          An experienced lawyer can:

              • Identify weaknesses in the prosecution’s case

              • Negotiate for lesser charges, such as common assault

              • Present evidence to mitigate sentencing

            If you’re facing AOABH charges, speak to our criminal defence lawyers today for immediate assistance.