Assault Occasioning Actual Bodily Harm (ABH)

Assault occasioning actual bodily harm is a more serious offence compared to common assault. It involves intentionally or recklessly causing another person actual bodily harm, which includes any injury that interferes with the health or comfort of the victim but does not have to be permanent.

Unlike common assault, assault occasioning actual bodily harm involves actual physical contact resulting in harm, such as bruises, fractures, cuts, or internal injuries. The penalties for assault occasioning actual bodily harm are also more severe than those for common assault. However, the actual sentence will depend on the specific circumstances of the case, the extent of the bodily harm caused, and any mitigating or aggravating factors presented in court. It is essential to seek legal advice and understand the potential consequences when facing charges of assault occasioning actual bodily harm in NSW.

What does the prosecution need to prove to find me guilty of assault occasioning actual bodily harm?

To be found guilty of the offence of assault occasioning actual bodily harm, the prosecution must prove beyond a reasonable doubt that:

1. You intentionally or recklessly caused physical harm to another person.
2. The harm caused must be more than mere transient or trifling harm. It may include cuts, bruises, fractures, or any other form of physical injury.

What are the maximum penalties for assault occasioning actual bodily harm?

The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment.

However, where it is an ‘aggravated’ offence, that is, where family violence is involved, the maximum penalty is 7 years imprisonment.

Are there any defences available to me for assault?

In some cases, you may have a defence available to you if you have been charged with assault.

These include:

1. Self-defence.

An accused may argue that they acted in self-defence or in the defence of others.

2. Necessity.

An accused may argue that they committed the act in order to avoid certain consequences which would have inflicted irreparable evil upon the accused or upon others, the accused honestly believed on reasonable grounds that they were placed in a situation of imminent peril and that the act was not out of proportion to the peril to be avoided.

3. Duress.

An accused may argue that they committed the act because of threats of death or serious injury to themselves or a member of their family if they did not commit the act. Furthermore, those threats must have been of such a nature that another person of ordinary firmness and strength of will who is the same maturity and gender of the accused and was in the accused’s position would have given in to them and committed the crime that was demanded of them.

Assault Lawyers in Sydney and Parramatta

To increase your chances of receiving a lenient outcome, it is important to speak with an experienced criminal lawyer who has knowledge of how the court proceedings work as well as the factors that a court may take into consideration when determining your sentence. A lawyer who is experienced in assault cases in NSW can provide you with advice on what steps you should take to ensure your chances of receiving a lenient outcome are increased.

Rezae & Co Lawyers are specialists in assault cases and have received countless results where our clients have received lenient outcomes, including cases where our clients have received a Conditional Release Order (CRO) without receiving a conviction or a criminal record.

Rezae & Co Lawyers can provide you with a free consultation and can be contacted on 02 8893 1217.