To be guilty of the offence of assault occasioning (causing) actual bodily harm (ABH), it must be proven that you assaulted the alleged victim and that the assault caused (led to) actual bodily harm. It does not matter if you did not intend (mean) to cause an injury, so long as you intended to assault the person.
ABH means any injury or harm that is more than trivial (very minor) or transient (lasting only for a very short time). Examples of ABH involving physical injury include:
- Scratches
- Grazes
- Black eyes
- Bruises
- Red marks on the skin
ABH can also include recognised psychological injuries that are more serious than temporary emotions like fear or shock, such as post-traumatic stress disorder (PTSD).
The maximum penalty for assault occasioning ABH (the heaviest sentence which a person can receive if found guilty) is imprisonment for five years, or seven years if the offence was committed in company (with others present and willing/able to assist). However, most offences of assault occasioning ABH are dealt with in the Local Court, where there is a limit of two years for a single offence.
If you have been charged with assault occasioning actual bodily harm, you should seek legal advice immediately.
If you or someone you know wants more information or needs help or advice, please contact us on 02 9159 9024 or email [email protected].