What Does Assault Occasioning Actual Bodily Harm Mean in NSW?
Actual bodily harm means any injury that is more than ‘merely transient or trifling’. Common examples of ABH include scratches, bruising, cuts, swelling, and a black eye. ABH can also be occasioned where a victim has been injured psychologically in a very serious way, going beyond merely transient emotions, feelings, and states of mind. However, this only occurs in rare cases.
It refers to an injury less serious than grievous bodily harm (‘GBH’). Grievous bodily harm is a ‘really serious’ injury, including the destruction (other than in the course of a lawful abortion) of the foetus of a pregnant woman, any permanent or serious disfiguring of the person, and any grievous bodily disease.
It can also be compared to common assault, which represents the lowest level of assault and does not require any injury for the charge to be satisfied.
What must the prosecution prove for an AOABH charge?
The prosecution is required to prove, beyond a reasonable doubt, that:
You assaulted the complainant,
You did so intentionally or recklessly,
As a consequence of that assault, the complainant sustained actual bodily harm, and
Your actions were done without lawful excuse.
Whilst the prosecution is required to prove that you intentionally or recklessly assaulted the complainant, there is no need to prove that you intended to cause actual bodily harm.
Why you should choose Elite Defence Lawyers?
We provide our clients with a free consultation to understand their cases and provide insight on how we're able to assist in their representation. We use our skills and to best develop the best outcome for our clients no matter the case.
We understand that our clients may need the assistance of a lawyer at any time. We provide 24/7 assistance for our clients that include quick bail applications, instant legal advice on court proceedings and more. We provide around the clock assistance via phone or email
With experience in the Criminal Defence Law we understand all possible outcomes for our clients. With this we’re able to create and develop strategies to achieve what we feel is best for our clients
We pride ourselves on having high client retention, building ongoing relationships with our clients time and time again. Our clients know that they're able to trust Elite Defence Lawyers in any and all instances.
Penalties and Court Process for AOABH
The maximum penalty for AOABH is five years’ imprisonment. AOABH will be considered ‘aggravated’ where it is committed in the company of another person or persons. In this case, it carries a maximum penalty of 7 years’ imprisonment instead.
However, AOABH (including if in company) is a ‘table 2’ offence, which means that it will be dealt with in the Local Court unless the prosecution elects for the matter to proceed to the District Court. In practice, this means most proceedings involving AOABH will proceed in the Local Court.
In the Local Court, the maximum penalty is limited to 2 years’ imprisonment and/or a $5,500 fine.
It is important to remember that maximum penalties are rarely applied. The actual penalty imposed will depend on a number of factors in relation to the circumstances of the case and your personal factors. First-time offenders often avoid full-time imprisonment.
Apart from a full-time custodial sentence, you may also be eligible for the following penalties:
Non-conviction orders (i.e., s10(1)(a) dismissal and conditional release orders, without conviction).
Conditional release order with conviction.
Fines.
Community corrections order.
Intensive corrections order.
Factors That Influence Sentence
When the court imposes a sentence for an AOABH case, it will consider a number of factors, including the degree of violence involved in the assault, the type of injury and its severity, whether it was committed in public or within the home, and whether you were with others.
Mitigating factors will include an early plea of Guilty, expressing remorse, having no prior criminal history, being compliant with the police, and making rehabilitative efforts. Rehabilitative steps such as anger management programs and counselling are considered positively.
Defending Assault Occasioning Actual Bodily Harm Charges
Common defences to a charge of assault occasioning actual bodily harm include:
Self defence.
You acted under Duress or Necessity.
You did not assault or injure the complainant (i.e., a false allegation).
You did not have the intention and/or weren’t reckless as to assaulting the complainant.
The injury does not amount to actual bodily harm.
The assault did not cause the injury.
It may also be prudent to seek to negotiate with the Prosecution to downgrade the charge to the less serious ‘common assault’ by arguing that the injuries don’t meet the threshold for ABH.
Facing Criminal charges and seeking representation?
Contact a member of our team today for a free consultation. We assess your case, and begin advising on how we’re able to assist in obtaining the results you deserve. Fill out a form on our contact us page, or contact us directly for more information.
Why Acting Early on AOBH Charges Makes a Difference
It is important to seek urgent legal advice after being charged with AOABH. This is due to ensuring evidence is preserved (i.e., CCTV of the incident), and that medical and witness statements that may be of assistance can be obtained early. This allows for early negotiations with the police seeking for the charge to be withdrawn or downgraded.
On the first court date, you will be able to enter a plea of Guilty or Not Guilty in relation to the offence. If you enter a plea of Guilty, in most circumstances the matter will be able to proceed to a Sentence on the same date.
If you enter a plea of Not Guilty, the matter will be adjourned for the police to serve a brief of evidence. This may contain statements from police officers, witnesses, images of the injury, medical documents, police body-worn video, CCTV, photos, videos and any other relevant materials. Once the evidence is served, the matter will be set down for a Hearing, which is a court date set aside for the Local Court Magistrate to determine whether the police have proven their case beyond a reasonable doubt. If the charge is considered ‘domestic violence related’, instead of the matter being adjourned for the police to serve a brief of evidence, it will instead be expedited and adjourned for Hearing once a plea of Not Guilty is entered.
With the right legal support, many cases resolve favourably before reaching a hearing.
It is important to obtain legal advice prior to the first court date, so you can be accurately advised before entering any pleas formally in court. It can also provide the opportunity for a lawyer to assess whether negotiations occur with the police to seek for charges to be withdrawn, downgraded, or resolved early. Early preparation can affect whether charges are withdrawn, downgraded, or result in a conviction.
What to Do Right Now If You’ve Been Charged
If you have been charged with AOABH, it will be important to:
Call Elite Defence Lawyers immediately,
Ensure you have all of the paperwork from the police,
Make note of any important evidence (i.e., CCTV areas or images),
Write a timeline while events are fresh,
Collect any witness details if others were present,
Avoid contacting any police witnesses in an attempt to change the story.
Why Choose Elite Defence Lawyers for your AOABH Case?
Assault Occasioning Actual Bodily Harm (AOABH) is a serious offence under NSW law, carrying the potential for imprisonment and a lasting criminal record. If you are charged, it is crucial to have skilled representation from lawyers who understand how to challenge the evidence and present a strong defence.
At Elite Defence Lawyers, we have extensive experience representing clients in AOABH matters across Greater Sydney. We carefully analyse police evidence, identify inconsistencies, and work with expert witnesses when necessary. Our goal is always to protect your rights and secure the best possible outcome.
Our results include charges being withdrawn, downgraded to less serious offences, or penalties significantly reduced. We provide fixed fees, free consultations, and 24/7 urgent advice, ensuring you have support when it matters most. With compassionate guidance and strategic defence, we help you navigate the stress of an AOABH case and protect your future.
