In New South Wales, Assault Occasioning Actual Bodily Harm (AOBH) is a criminal offence that involves an assault resulting in an injury to the victim that is more than minor or superficial. This offence is taken more seriously than common assault due to the presence of actual physical harm.

What Is AOBH?

AOBH occurs when a person unlawfully assaults another and causes an injury that interferes with the victim’s health or comfort. The injury does not need to be permanent or severe, but must be more than trifling or short-lived. Common examples include:

• Bruises
• Minor cuts or abrasions
• Swelling or scratches

Legislation

This offence is governed by Section 59 of the Crimes Act 1900 (NSW), which defines the elements and penalties associated with AOBH.

Penalties

The penalties for Assault Occasioning Actual Bodily Harm vary depending on the circumstances:

• Standard offence: Maximum of 5 years imprisonment
• If committed in company with another person: Maximum of 7 years imprisonment

Court Jurisdiction

Most AOBH matters are dealt with in the Local Court, particularly when they are considered less serious. However, more serious cases can be prosecuted on indictment in the District Court.

Aggravating Factors

The offence may attract harsher penalties if aggravating circumstances are present, such as:

• The victim is pregnant
• The offence involves family or domestic violence
• The use of a weapon
• The victim is a vulnerable person (e.g., child or elderly person)

Defences to AOBH

Several legal defences may apply, depending on the facts of the case. These include:

• Self-defence
• Duress (being forced to act against your will)
• Accident
• Mental impairment

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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