Our expert criminal lawyers for assault occasioning actual bodily harm offences can help you:
- Obtain bail.
- Be found not guilty.
- Receive a lenient sentence, like no conviction and no prison.
You will be represented by a team of award-winning criminal lawyers, with 500+ five-star Google reviews, who offer fixed fees and free first consultations.
You can read our reviews here.
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm is one of the most common offences that our criminal lawyers fight. This is where a person has suffered an injury following a fight or domestic violence incident.
Actual bodily harm refers to injuries that are more than trivial or fleeting. This can include:
- Bruising or swelling.
- Cuts or scratches.
- Minor fractures.
Unfortunately, police frequently charge people with Assault occasioning bodily harm when they have acted in self-defence, but their attacker has come off worse. We have also recently seen increased incidences of spouses making up allegations and self-harming to compel the police to press charges against the partner. This can lead to immeasurable stress and Apprehended Violence Orders that prevent fathers, mothers, and children from living together.
Pleading not guilty
If you are charged, the prosecution must prove beyond a reasonable doubt that you:
- Assaulted another person; and
- That assault caused actual bodily harm.
An assault can be both intentional and reckless. In this context, recklessness means you foresaw the possibility of harm but proceeded anyway.
If the prosecution cannot prove any one of these elements, you must be found not guilty.
You can read more information about pleading not guilty here.
Defences
Common defences include:
- Self-defence, you acted to protect yourself or another person.
- Duress, you were forced to act due to threats.
- Necessity, your actions were needed to avoid serious harm.
- Identification, you were not the offender.
Many assaults are successfully defended by raising self-defence, particularly in situations where the complainant was the initial aggressor.
Pleading guilty
If you decide to plead guilty, our focus is on achieving the best possible outcome and avoiding harsh penalties. We negotiate with the police to reduce the charge or negotiate the agreed facts.
The maximum penalty for assault occasioning actual bodily harm is:
- 7 years imprisonment if the crime was committed in company.
- 5 years imprisonment in the District Court.
- 2 years imprisonment in the Local Court.
You can read more about pleading guilty here.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Read about court processes and how to write a good character reference.
Contact Australian criminal law group
Our criminal lawyers, with 500+ five-star Google reviews, can beat your assault charge to obtain a lenient sentence for you if you plead guilty.
Call us on (02) 8815 8167 for your free first conference or submit a website enquiry.
Case Studies
Not guilty – Alibi evidence/unreliable allegations
Our lawyer represented a client charged with assault occasioning bodily harm against his girlfriend. The girlfriend failed to report the allegation to the police for more than 24 hours. Our lawyer called alibi evidence from the father of the client who said his son had been at home with him at the time of the alleged assault. Joe pointed out the injury could have occurred any time in the 24 hours that passed since the client and girlfriend were together. The Magistrate found our client not guilty.
Not guilty – Mental health considerations
Our lawyer represented a woman who had been subject to a horrendous and traumatising career assisting police and the armed forces. She dealt with death and violence as a normal part of day-to-day life. She was charged with assault occasioning actual bodily harm when she “glassed” a person while drinking at a pub. Our lawyer was able to prove that his client was not of a sound mind at the time of offending and due to her significant trauma and exposure. He asserted she should be dealt with by way of Section 32 (now section 14). The magistrate agreed, and not only did his client avoid prison, but she also didn’t receive a conviction.
Not guilty – Family context
Our lawyer represented a father charged with assault occasioning actual bodily harm after striking his son more than 60 times with a stick, causing bruising all over his body. After our lawyer made submissions on the unique circumstances of the family the magistrate did not record a conviction.
Not guilty – Mental health considerations
Our lawyer represented a client charged with assault bodily harm after punching a security guard and giving him a black eye. After hearing submissions from our lawyer about the mental health issues of our client and his efforts to address them, the court did not record a conviction.
Not guilty – Self-defence established
Our lawyer appeared for a client who the police were alleging had committed an unprovoked and violent attack on his father-in-law. The client said that the father-in-law had attacked his heavily pregnant wife. The wife gave a statement to the police supporting our client. We subpoenaed a Triple 0 call made by his wife and obtained photos of her and his injuries. After two days of cross-examination, the Magistrate found the father-in-law was an unreliable witness. Our client was found not guilty because of self-defence.
Not guilty – No conviction recorded
Our lawyer represented a mother of three who was charged with assault for disciplining her children. A gross overstating of the facts made it almost guaranteed that her children were going to be living without their mother. And that she, a nurse, would be marred by a conviction forever. After a relentless negotiation with the prosecution over some weeks, a Section 10 no conviction was granted.
Source:
Crimes Act 1900 No 40, Current version for 1 January 2022 to date (accessed 7 March 2022 at 21:52) https://legislation.nsw.gov.au/view/html/inforce/current/act-1900-040
This information is intended as a general guide to law only. It should not be relied on as legal advice, and it is recommended that you speak with a qualified lawyer about your situation.
Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group makes no warranties or representations as to its accuracy.