Assault occasioning actual bodily harm is a serious crime in New South Wales (NSW), Australia. Violence is a pervasive issue that shatters lives and burdens communities. One disturbing manifestation is assault, where one person intentionally harms another. When this violence results in injuries, the impact transcends the immediate physical pain.
In NSW, assault occasions actual bodily harm is only one of the many types of assault. Under the law, these are considered as “assault, wounding and related offences”:
- Common assault
- Assault with intent to commit a serious indictable offence.
- Reckless wounding
- Reckless infliction of grievous bodily harm
- Wound or inflict actual bodily harm with intent to cause grievous bodily harm or resist arrest.
- Assault causing death.
- Choke, suffocate or strangle.
- Administer intoxicating substance.
This article will focus on assault occasioning actual bodily harm offence, the assessment factors as to the gravity of its commission, and its minimum and maximum penalty.
Defining Assault Occasioning Actual Bodily Harm
Assault occasioning bodily harm essentially means that someone carried out an assault and it directly caused the victim to suffer injuries that are more than minor or temporary.
Moreover, this involves an act (or threat) that creates a fear of immediate unlawful violence. It can include hitting, pushing, grabbing, or even unlawful imprisonment. Additionaly, the accused must have either intended to cause the assault or acted recklessly without considering the potential consequences.
‘Actual bodily harm’ refers to any injury that interferes with the victim’s health or comfort. It doesn’t need to be permanent but must be more than just a bruise or scratch. Examples include cuts, sprains, broken bones, or even temporary unconsciousness.
In simpler terms, for this charge to stick, the prosecution needs to prove beyond reasonable doubt that the accused:
- Committed an assault (through a physical act or threat).
- Did so intentionally or recklessly.
- Caused actual bodily harm to the victim as a direct result.
Personal violence offences encompass a broad range of actions and outcomes. The courts take these offences quite seriously. Deterrence is a crucial factor, especially when it comes to situations involving street violence and unprovoked attacks on individuals going about their daily lives.
Assessment of Gravity of the Offence
There are three elements that the courts look for when assessing the gravity of the personal violence offence:
- Extent and nature of the injuries
The type of harm inflicted on the victim will, in a significant manner, dictate the gravity of the offence and the suitable penalty. Nevertheless, there is no law or principle that says the type of injuries received must be taken into consideration or that it must be the determining factor in determining the objective seriousness of the offence.
Generally speaking, the more serious the offence, the worse the injury. Because of the harm done to the victim, an offence may be classified as being nearly the worst of its kind.
In McIntyre v R (2009) NSWCCA 305, the Court cited that the typical examples of injuries that can be identified as actual bodily harm include scratches and bruises. In another case, Li v R [2005] NSWCCA 442, when a person has suffered severe psychological injuries that transcend beyond fleeting emotions, feelings, or mental states, there has probably been actual physical harm caused.
- Degree of violence
One important factor in sentencing is the level of severity or intensity of the incident. This is true even in cases where the victim of the attack suffers just minor injuries. On the other hand, there is a chance that a victim will get severe injuries even when there was minimal violence.
The case of R v. Burke (2011)NSWCCA 47 demonstrates that even if the violence was minimal, the judge can still impose heavy penalties. What happened here was the victim fell on his head and sustained extremely serious injuries as a result of a single punch.
Here, the sentence judge erred in failing to take into account the low degree of violence engaged, but correctly assigned significant weight to the serious injuries caused by the assault. Similarly, despite minimal injuries, an offence may be objectively significant based on the character of the assault.
- Intention/mental element
The intent of the perpetrator is another essential factor to take into account. For this offence, there is no need to prove a specific intent to cause actual bodily harm for an offence under Section 59 of the Crimes Act 1900.
Thus, the prosecution only needs to prove that the accused intentionally or recklessly assaulted the victim and that actual bodily harm was occasioned as a result.
Assault Occasioning Actual Bodily Harm: Penalties
According to Section 59 of the Crimes Act 1900, a person who commits the crime of assault occasioning actual bodily harm shall be liable to imprisonment for five years. If such person commits this crime in the company of another person, the penalty will be imprisonment for seven years.
Other types of personal violence offences, other than assault occasioning actual bodily harm, carry heavier penalties such as:
- Reckless wounding in company – 10 years
- Reckless infliction of grievous bodily harm – 14 years
- Reckless infliction of grievous bodily harm in company – 14 years
- Wounding or inflicting grievous bodily harm with intent to cause grievous bodily harm or resist arrest – 25 years.
- Assault causing death – 20 years
- Assault causing death when intoxicated – 25 years
- Administer intoxicating substance – 25 years
- Specific offences of assaulting law enforcement officers and frontline emergency and health workers – up to 14 years.
Need Legal Guidance? Start Building Your Defence Now.
Facing criminal charges on assault occasioning actual bodily harm is emotionally charged. A defence attorney from JB Solicitors can provide objective and clearheaded guidance when you’re feeling overwhelmed or stressed. We can act as your advocate within the system, shielding you from unnecessary pressure while ensuring you understand every step of the criminal conviction process.
Criminal defence attorneys are not just about ‘getting you off the hook,’ but rather ensuring these things:
- You receive a fair trial at the district court, local court, or supreme court.
- Your rights are fully protected.
- You have the best possible chance of achieving the most favorable outcome.
Contact us today for a consultation about criminal offence matters.
