What is Assault Occasioning Actual Bodily Harm?

Assault Occasioning Actual Bodily Harm is an offence under section 59 of the Crimes Act 1900 (NSW). It is committed where a person assaults another person and that assault causes the other person to suffer actual bodily harm.

The offence is more serious than common assault because the prosecution must establish that the alleged assault resulted in an injury or harm that is more than minor or insignificant.

Elements of Assault Occasioning Actual Bodily Harm

To prove an offence of Assault Occasioning Actual Bodily Harm, the prosecution must establish each of the following elements beyond reasonable doubt:

1. An Assault Occurred

The prosecution must prove that an assault took place. An assault may involve:

• intentionally applying physical force to another person without consent; or
• causing another person to fear that immediate and unlawful physical contact will occur.

Physical contact does not need to cause injury for an assault to occur. Even relatively minor contact may amount to an assault depending on the circumstances.

2. The Assault Was Intentional or Reckless

The prosecution must prove that the accused person either:

• intended to apply force to another person; or
• was reckless as to whether their actions would result in physical contact or harm.

A person does not need to intend to cause the specific injury alleged, but the prosecution must establish the required state of mind at the time of the incident.

3. The Assault Caused Actual Bodily Harm

The prosecution must prove that the assault caused the alleged victim to suffer actual bodily harm.

Actual bodily harm generally means an injury that is more than merely transient or trifling. Examples may include:

• bruising;
• swelling;
• scratches or cuts;
• minor fractures;
• significant pain; or
• other physical injuries.

The prosecution must establish a connection between the alleged assault and the injury claimed.

What Are the Penalties for AOABH?

The maximum penalty for Assault Occasioning Actual Bodily Harm depends on the circumstances of the offence and whether the matter is dealt with summarily or on indictment.

The outcome of an AOABH matter will depend on factors including:

• the seriousness of the alleged injury;
• the circumstances of the incident;
• whether a weapon was involved;
• whether the offence occurred in a domestic violence context;
• the person's prior criminal history;
• whether the matter proceeds as a guilty plea or defended hearing; and
• the strength of the prosecution evidence.

Every case is different, and obtaining early legal advice is important to understanding the available options.

Defending an AOABH Charge

Being charged with Assault Occasioning Actual Bodily Harm does not mean you are guilty. The prosecution carries the burden of proving each element of the offence beyond reasonable doubt.

Depending on the circumstances of your matter, possible defences may include:

• self-defence;
• mistaken identity;
• lack of intention or recklessness;
• disputing whether actual bodily harm was caused;
• challenging the reliability or credibility of witnesses;
• challenging CCTV, body-worn camera or forensic evidence; or
• identifying weaknesses in the prosecution case.

We carefully review all available evidence, including statements, medical records, CCTV footage, body-worn camera footage and other material relevant to the allegations.

How We Can Help

At Chidiac & Associates, we understand the seriousness of an assault allegation and the impact a criminal charge can have on your personal and professional life. Our approach is built on thorough preparation, strategic advice and strong courtroom advocacy.

We provide:

• detailed advice about your charges and legal options;
• representation at all court appearances;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials; and
• strong advocacy focused on protecting your rights and interests.