Charged with assault occasioning actual bodily harm?
Assault occasioning actual bodily harm, often shortened to AOABH, is an assault charge under section 59 of the Crimes Act 1900 (NSW). ED Legal provides advice and court representation for AOABH matters across Sydney and NSW.
These cases often turn on both the alleged assault and the evidence said to establish actual bodily harm. We can review the medical, photographic and witness evidence and explain the issues in your case.
Request a free initial consultation
How we can help you
We can obtain the police brief, examine statements, images, CCTV, medical material and other evidence, and compare it with your account. We will explain the elements the prosecution must prove and any defence raised by the evidence.
We can advise before a police interview, prepare a defended matter, negotiate with the prosecution where appropriate and represent you at sentence if the charge is admitted or proved.
Before a police interview or court date
If police are seeking an interview about an alleged assault, get legal advice before deciding whether to participate. An early account can become important evidence later.
Preserve relevant messages, footage, photographs and records. Keep your Court Attendance Notice, bail papers and any AVO. Do not contact a complainant contrary to an order or condition.
Understanding an AOABH charge
Section 59 applies where an assault occasions actual bodily harm. The prosecution must prove both the assault and that it caused an injury amounting to actual bodily harm.
The alleged assault
The prosecution must first prove an unlawful assault. Depending on the allegation, issues can include whether force was used, whether conduct was intentional or reckless and whether there was lawful justification such as self-defence.
Actual bodily harm
Whether the alleged injury amounts to actual bodily harm depends on the evidence and the circumstances of the case. The nature, extent and cause of the injury may be important, including what is shown by medical records, photographs and the timing of any symptoms.
Maximum penalties
The maximum penalty for AOABH under section 59(1) is 5 years imprisonment. If the offence is committed in company, section 59(2) carries a maximum penalty of 7 years imprisonment.
Defending an AOABH charge
The prosecution must prove every element beyond reasonable doubt. A case may be defended by disputing the assault, the identity of the person involved, causation or whether the injury reaches the legal threshold for actual bodily harm.
Self-defence may also be relevant. The court considers what you believed was necessary and whether your response was reasonable in the circumstances as you perceived them.
Video, messages and witness evidence can change how an incident is understood. Medical evidence should also be tested against the allegation rather than assumed to establish the charge by itself.
Where a more serious injury charge has been laid, the evidence may also raise issues about alternative offences. Advice should be based on the exact charge and prosecution case.
Deciding how to respond at court
Get advice before entering a plea. If the charge is disputed, we can prepare the matter for hearing and consider whether representations should be made about the charge or police facts.
If you intend to plead guilty, we can check the factual basis of the plea and prepare material addressing the circumstances of the offence and your personal position.
AVOs, bail and domestic violence matters
AOABH charges can be accompanied by an AVO or bail conditions, particularly where the allegation involves a domestic relationship. Those orders and conditions operate separately from the criminal charge.
Comply with all current restrictions. Tell us if conditions affect contact, your residence or family arrangements so that we can advise on the available lawful options.
Sentencing for AOABH
The sentencing outcome depends on the seriousness of the assault and injury, the surrounding circumstances, prior history and your personal circumstances. Where the offence was committed in company, that can materially increase seriousness. We can advise on the likely issues and available sentencing options.
Preparing to speak with a lawyer
Tell us the exact charge, court and next date if known, and whether there is an AVO or bail condition. Have any Court Attendance Notice, police facts, photographs and medical material available where possible.
For advice about an AOABH charge, contact ED Legal for a free initial consultation. You can also review our broader Assault Lawyer Sydney & NSW page.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
