Assault occasioning actual bodily harm is the second most serious form of assault. It is applicable where an alleged assault has resulted in injury which usually is not permanent, for example where a person’s skin is broken. It is possible that you can be imprisoned for assault occasioning actual bodily harm and thus you should take this charge seriously.
This offence is prescribed under section 59 of the Crimes Act (NSW). This section states that:
1. Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for 5 years.
2. A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
Defences
If you have been charged with assault occasioning actual bodily harm, there may be a number of defences available to you, which could in turn find you ‘not guilty’ of the offence. Such defences may include:
1. Self Defence - You were defending your self
2. Necessity – It was legally necessary for you to commit assault occasioning bodily harm
3. Duress – You were forced to commit assault occasioning bodily harm by another party.
4. Challenging the legitimacy of the charge on legal technicalities
Penalties
The maximum penalty for a person convicted of assault occasioning actual bodily harm is imprisonment for 5 years.
The maximum penalty for a person convicted of assault occasioning actual bodily harm in the company of another person or persons is imprisonment for 7 years.
How can Prime Lawyers help?
Our criminal lawyers are experienced in representing people who have been charged with all assault offences including assault occasioning bodily harm. If you are convicted of this offence, you may be facing severe imprisonment terms and you should thus seek advice from a criminal lawyer.
The criminal law team at Prime Lawyers will advise you on whether you have a possible defence and the chances of succeeding on that defence and thus be found ‘not guilty’ to this offence. If you wish to proceed with a guilty plea, we will represent you in court and make submissions to the court to help minimise the punishment the court imposes.
We will do everything in our power to minimise the punishment if you plead guilty or are found guilty.