Assault Occasioning Actual Bodily Harm

The maximum penalty for AOABH is:

• imprisonment for five years, or
• seven years under circumstances of aggravation (more than one person is involved in the assault).

Please note that such penalties are reserved for the most serious cases only.

This option is recommended only where you accept that:

• you intentionally or recklessly committed an act that caused another person to fear immediate and unlawful violence; and
• the conduct of the accused was without the consent of the victim; and
• the conduct was intentional or reckless (ie. the accused realised that the complainant might fear immediate and unlawful violence and took that risk nonetheless.); and
• that conduct was without lawful excuse; and
• that the injury caused was more than transient or trifling.

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It also demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist when being found guilty?

• A fine
  • This may be up to $5,500.
•  A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
  • This is the most common penalty for the offence of AOABH.
• Community Corrections Orders (“CCO”)
  • A court may exercise this option (when aggravating circumstances Examples of aggravating circumstances include a repeat offence.
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

Generally, when determining a penalty, the court will consider the seriousness of the offence by reference to the seriousness of the wounding.

The Prosecution must establish beyond a reasonable doubt that:

• you intentionally or recklessly committed an act that caused another person to apprehend immediate and unlawful violence; and
• your conduct was without the consent of the victim; and
• it was intentional or reckless (ie. you realised that the complainant might fear immediate and unlawful violence and took that risk nonetheless.); and
• your conduct was without lawful excuse.
• The victim suffered an injury that was more than transient or trifling.

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

Defences to AOABH

• Self-defence or necessity
  • The law allows the use of reasonable force to protect your yourself, your property or someone else against physical injury or damage.
  • You must have honestly and reasonably believed that there was a threat to your safety. Alcohol-induced paranoia is not a defence.
• Duress
  • Another person coerced or threatened you into assaulting another person.
• There was no AOABH
  • The alleged action did not happen.
  • The injuries do not amount to actual bodily harm.
• Mistaken identity
  • You did not cause harm to the victim.