Injury to arm from Assault Occasioning Actual Bodily Harm (AOABH)

Assault Occasioning Actual Bodily Harm – section 59 Crimes Act 1900

ByBlacktown Criminal Lawyers

Assault Occasioning Actual Bodily Harm in a nutshell

Assault Occassioning Actual Bodily Harm (AOABH) is more serious than Common Assault. It is the act of where a person acts in a way – either intentionally or recklessly – that causes another person to incur an actual physical injury.

An actual harm or injury for the purposes of this offence may include:

  1. A laceration to the skin (a cut)
  2. Bruising to the skin
  3. Loss of hair

It is important to know that an Assault Occasioning Actual Bodily Harm offence is more serious than Common Assault but not as serious as Wounding or Grievous Bodily Harm which includes permanent disfigurement.

The law tells us that Assault Occasioning Actual Bodily Harm includes those injuries that are more than merely transient or fleeting. In that sense, temporary redness of skin because of a slap would not constitute the charge of Assault Occasioning Actual Bodily Harm. A bruised arm or black eye from a forceful punch is likely to last for a few days and so in that sense it is deemed as “actual harm”.

What is the law of Assault Occasioning Actual Bodily Harm?

Section 59 of the Crimes Act 1900 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 (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.

So, what must the prosecution prove?

The prosecution must prove beyond a reasonable doubt that you committed the offence. It is important to know that you do not need to prove your innocence. Rather, it is for the prosecution to do all the heavy lifting to prove that you did the act.

The prosecution must the following things to prove this charge. They are as follows:

  1. Firstly, they must provide evidence that it was actually you there at the place and time the police allege.

AND

  1. Secondly, they must prove that you applied physical force to the other person either by striking, hitting, using a weapon, or by another action.

AND

  1. Thirdly, the prosecution then has to prove that you did the action either intentionally –  OR – recklessly (meaning that you didn’t really care about the result of your actions)

AND

  1. Fourthly, that it caused actual bodily harm to that person.

AND

  1. Finally, that there was no lawful excuse for your action.

The prosecution must prove each and every one of the above steps beyond reasonable doubt to make out the charge of Assault Occasioning Actual Bodily Harm. 

Penalties

You will have noticed two sets of penalties, the first being for five years, the second being for seven years. That is because there are essentially two different charges.

Let’s break that down.

Section 59(1) is the most common charge of these two. The maximum sentence is five years imprisonment. It is important to note that the Local Court jurisdiction is limited to a penalty of two years maximum. In order for the five year limit to apply, it would mean that the prosecution would have to elect it to take the matter to District Court which is a higher Court than the Local Court and as such they have powers to issue harsher penalties such as longer terms of imprisonment. We will discuss the details of that in a separate blog.

The reference of five years is the maximum penalty. In in our experience, that penalty is usually applicable to those persons with very lengthy criminal records. Such people are usually regarded by the Court as not caring about the law and a risk to the community.

We tend to find for a first offence of Assault Occasioning Actual Bodily Harm, depending on the circumstances, that the Courts deal with it by way of fine, a good behaviour bond and sometimes community services work.

Section 59(2) is the same offence as above but with the additional aggravating factor of the act being done in company. That means that the offence was carried out with another person present at the incident who was on the side of Accused. The penalty of a maximum seven years imprisonment indicates to the community how seriously the Court takes AOABH being conducted whilst in company.

Defences to Assault Occasioning Actual Bodily Harm

There are number of defences that you may rely on to defend the charge of Assault Occasioning Actual Bodily Harm.

  1. Self-defence – generally speaking the circumstances where you had no choice but to strike the other person to cause actual bodily harm because you were fearful for yours or someone else’s safety.
  2. The assault was an accident – where the action had no intention or recklessness behind it.
  3. You were acting under duress – where someone else made you perform the assault, and you feared serious consequences should you fail to do so.

Practical examples of Assault Occasioning Actual Bodily Harm

Let’s look at some very basic examples of how the above information can be played out.

Fred and Belinda have been in an intimate relationship for the past 12 months. They live together. Their relationship is defined as “domestic” because they are intimately involved with each other. Let’s consider the following scenarios.

Assault Occassioning Actual Bodily Harm (AOABH)

Fred and Belinda decided to stay in on Friday night. They got into a heated argument over Belinda’s previous relationship. Fred became angry with Belinda. He shoved Belinda out of the way as he went to the bathroom. The force of the shove caused Belinda to fall onto floor, the side of her face hitting the coffee table. Belinda looked in the mirror and noticed she had a bruise across her right cheek and a slight laceration under her right eye.

  • Could Fred be charged with Assault Occasioning Actual Bodily Harm? Yes.
  • Why? Because Fred physically pushed Belinda with enough force that she lost balance and as a result sustained bruising and a small cut under her eye from the coffee table. Fred may not have intended to cause Belinda’s injuries. But his action of shoving her with force without regard for the consequence may be considered reckless.

Assault Occasioning Actual Bodily Harm and self defence

Fred and Belinda decided to stay in on Friday night. They got into a heated argument over Fred’s previous relationship. Belinda became angry with Fred. She picked up a frying pan and swung it at Fred’s narrowly missing head. After exclaiming “I’m going to get you get you!” at the top of her voice, Fred shoved Belinda out of the way and took the pan out of her hand. The force of the shove caused Belinda to fall onto floor, the side of her face hitting the coffee table. Belinda looked in the mirror and noticed she had a bruise across her right check and a slight laceration under her right eye.

  • Could Fred be charged with Assault Occasioning Actual Bodily Harm? Yes.
  • Why? Because Fred physically pushed Belinda with enough force that she lost balance and as a result sustained bruising and a small cut under her eye from the coffee table.
  • Could Fred rely on self-defence? Yes.
  • Why? Because Belinda threatened Fred with physical violence. Fred formed a very reasonable fear given that the frying pan narrowly missed his head. Fred had no choice but to act quickly and shove Belinda to stop her from hitting him.

Your next steps

If you’ve been charged with Assault Occasioning Actual Bodily Harm, give us a call as soon as possible so that we can assess your case and work out which option is right for you.