Criminal Law - Assault


Author(s):Charuna Shah LL.B.
Publish Date: September 24, 2008

Criminal Law – Assault Occasioning Actual Bodily Harm

Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim. This is an aggravated form of assault. What is alleged here is that the accused is guilty of assault, (which must be proved by the Crown) and that as a result of that assault the victim suffered actual bodily harm. It is incumbent upon the Crown to prove that the actual bodily harm was caused by the assault.

There is no need for the Crown to prove intent to cause actual bodily harm to the victim. It is sufficient that the Crown is able to prove that the assault occurred and that the victim suffered the actual bodily harm. So the only intention required by the accused is that to commit assault.

The maximum penalty upon indictment for this offence is 5 years imprisonment. If the matter is dealt with summarily before a magistrate in a Local Court the maximum penalty is a fine of $5,500.00 or 2 years imprisonment or both. 

What the Police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. An assault
  2. Occasioning Actual Bodily Harm

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. The wound or bodily harm must relate to the action of the accused. If this causal link is missing between the injury and the act of the accused then the offence has not occurred.

Possible Defences

Possible defences to this offence include but are not limited to
  1. Duress
  2. Necessity
  3. Self Defence
  4. Defence of another
  5. Defence of property
  6. Removal of a trespasser

Strictly speaking, self defence is not a defence, however there are exceptions to this. To learn more on self defence, please see the writer’s article headed “Self Defence”.  

A person can do what is reasonable to protect possessions. It is justified to use reasonable force to reclaim property from a thief, or to remove a trespasser from your property. Again, the force used must be reasonable in the circumstances. This reasonableness will be judged based on the facts of the case at hand.

LAC Lawyers Pty Ltd is available to provide you with advice based on your individual needs and particular circumstances which we have been extraordinarily successful in defending these types of matter.

 

Contact us now for Fast, Accurate and Timely legal advice

Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email



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