Have You Been Charged with Assault Occasioning Actual Bodily Harm?
When facing charges as serious as Assault Occasioning Actual Bodily Harm (AOABH), it's completely normal to feel overwhelmed and unsure of what steps to take. Our seasoned legal team has successfully assisted numerous individuals in similar circumstances, allowing us to offer strategic defence in Assault cases. We recognise that every case is unique, and our expertise ensures that we can tailor our approach to your specific needs and circumstances.
We are here to guide you through the legal process, providing clarity, comprehensive support, and a steadfast commitment to securing the best possible outcome for your case. If you or someone you know has been charged with AOABH, reach out to our team and seek expert legal guidance and defence with our specialised assault lawyers at Faraj Defence Lawyers.
Why Choose Faraj Defence Lawyers?
Choosing the right legal representation can make all the difference when facing AOABH charges, as Faraj Defence Lawyers stands out as the optimal choice for defendants seeking expert guidance and unwavering support. So what makes us stand out?
01
Free Initial Consultation
We understand the importance of an initial assessment, which is why we offer free consultations to discuss the specifics of your case.
02
Expert Defence Strategies
We craft meticulous defence strategies aimed at securing favourable outcomes, including aiming and securing Section 10 dismissals & non-convictions.
03
Unwavering Support and Guidance
Unwavering support and guidance from the beginning to the resolution of your case, ensuring you are informed and empowered throughout.
04
Negotiation Expertise
Our extensive knowledge on dealing with the prosecution has allowed us to develop expert negotiation strategies that will tip the scales in our favour.
05
Direct Access to Senior Criminal Lawyer
Direct access to a senior criminal lawyer who will oversee your case. Ensuring your matter is handled with the utmost expertise and attention it deserves.
06
Fixed Fees and Transparent Pricing
We believe in transparency. Our firm operates on fixed fees, providing clarity on costs from the outset. Eliminating any unexpected financial burdens.
What Is the Offence of Assault Occasioning Actual Bodily Harm?
Assault Occasioning Actual Bodily Harm (AOABH) is defined under Section 59 of the Crimes Act 1900 (NSW) as intentionally or recklessly causing physical harm to another person that goes beyond mere discomfort or transient pain. This offence differs from common assault by involving injuries that are tangible and identifiable as 'actual bodily harm.'
The landmark case of R v Donovan (1938) KB 498 clarified that 'actual bodily harm' refers to harm that is “more than merely transient and trifling.” While the harm does not need to be permanent, it must exceed minor or fleeting injuries.
Examples of actual bodily harm include:
Bruises
Cuts or scratches
A ‘black eye’
Mild psychiatric conditions
- Other injuries that have a noticeable, lasting effect
The severity of the injuries determines the applicable charges and penalties.
What must the prosecution prove
The prosecution is required to prove, beyond reasonable doubt, that:
That you assaulted the complainant; and
As a consequence of that assault, the complainant sustained actual bodily harm.
As a consequence of that assault, the complainant sustained actual bodily harm, and
Your actions were done without lawful excuse.
Notably, actual bodily harm can also be deemed to have been 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.
Actual bodily harm refers to an injury which is less serious than grievous bodily harm. 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.
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.
Penalties for Assault Occasioning Actual Bodily Harm (AOABH)
The maximum penalty for AOABH in NSW is five years imprisonment. However, the actual penalty will depend on the specific circumstances of the case and the defendant's criminal history.
Factors Considered by the Court
The court will evaluate the following factors when determining a penalty:
The seriousness of the harm caused to the complainant.
The level of violence used by the defendant
Any aggravating or mitigating factors, such as the presence of a prior criminal record or the defendant’s cooperation with authorities.
Maximum Penalties
In New South Wales, the maximum penalty for Assault Occasioning Actual Bodily Harm (AOABH) varies depending on the circumstances. For a standard AOABH offence, the maximum penalty is five years imprisonment. However, if the offence is committed in the company of others, making it an aggravated offence, the maximum penalty increases to seven years imprisonment.
When dealt with in the Local Court, AOABH is classified as a ‘Table 2’ offence. This means it is generally heard in the Local Court unless the prosecution elects to have the matter tried in the District Court. If the case remains in the Local Court, the maximum penalty is two years imprisonment and/or a fine of $5,500.
Alternative Sentencing Options
In some cases, the court may impose alternative penalties instead of a full-time custodial sentence, including:
S10(1)(A) dismissal.
Conditional release order without conviction.
Conditional release order with conviction.
Fine.
Community corrections order.
Intensive corrections order.
It is crucial to work closely with your lawyer to prepare your case properly, as this can significantly improve your chances of avoiding imprisonment or securing a non-conviction penalty. Courts often consider the degree of violence in the assault, even if the resulting injuries are minor.
Defences Against Assault Occasioning Actual Bodily Harm (AOABH)
Facing an AOABH charge doesn’t mean a conviction is inevitable. Several legal defences may apply, depending on the specific circumstances of your case. A skilled lawyer can assess the evidence and build a strong defence strategy to protect your rights and achieve the best possible outcome.
Common Defences Include:
Self defence
You did not assault the complainant (false allegation)
You did not intend to assault the complainant, nor did you realise the possibility of inflicting any harm
Duress or necessity
The injury does not amount to actual bodily harm
You did not cause the actual bodily harm
If you or someone you know is facing AOABH charges, it’s crucial to seek legal guidance as soon as possible. At Faraj Defence Lawyers, our experienced team specialises in building tailored defence strategies to protect your rights. Explore our recent case wins below to see how we’ve helped clients in similar situations.
Recent Case Wins
Let Faraj Defence Lawyers Defend Your Rights
Facing charges of Assault Occasioning Actual Bodily Harm (AOABH) is a serious matter that demands expert legal representation. The consequences of a conviction can have a lasting impact on your life, possibly affecting your current or future employment, negatively impacting future family law proceedings, hindering your ability to travel and changing your overall lifestyle.
Seeking legal representation is not merely a choice; it is a fundamental right aimed at protecting your rights and securing a fair outcome. Our experienced team of legal professionals possess an in-depth understanding of assault laws and have a proven track record in handling cases similar to yours.
When you choose Faraj Defence Lawyers, you are not just securing legal representation, you are gaining a strategic ally dedicated to protecting your rights and guiding you through every stage of the legal process.
If you or someone you know is charged with Assault Occasioning Actual Bodily Harm, don't face the legal system alone. Call us now at (02) 8896 6034 for free advice or book a free initial consultation and seek the expertise of one of our specialised Assault related lawyers.
