Assault Occasioning Actual Bodily Harm (AOABH)

Specialist AOABH Defence Lawyers Serving Nowra, Batemans Bay, the Southern Highlands, and Queanbeyan

Assault Occasioning Actual Bodily Harm (AOABH) is a serious criminal offence in New South Wales that carries significantly harsher penalties than Common Assault. Because this charge involves allegations of physical or psychological injury, the court often considers imprisonment as a primary sentencing option. If you are facing an AOABH charge, securing an expert criminal defence lawyer is the most critical step in protecting your freedom and your future.

At Douglass & Ford, we provide a rigorous and strategic defence for all AOABH matters. With over 20 years of combined experience, our solicitors understand that these incidents often involve complex circumstances, including self-defence or provocation. We work quickly to examine medical evidence, challenge the extent of the alleged injuries, and ensure your side of the story is heard.

How we can help you with your AOABH case

We understand that being charged with a violent offence is an intimidating experience. Our priority is to protect your liberty through:

• Challenging the Injury Grade: Police often “over-charge” by categorising minor scratches as Actual Bodily Harm. We work to have charges downgraded to Common Assault where the injuries do not meet the legal threshold.
• Medical Evidence Review: We scrutinize medical records and forensic reports to determine if the alleged injuries were actually caused by the incident in question.
• Proving Self-Defence: If you acted reasonably to protect yourself, another person, or your property, we provide the expert advocacy needed to secure a “not guilty” verdict.
• Strategic Negotiations: We frequently negotiate with the Police Prosecutors or the DPP to have charges dropped or downgraded early in the process based on evidentiary flaws.
• Securing Non-Convictions: For first-time offenders or cases with strong mitigating factors, we have a proven track record of arguing for Section 10 non-convictions.
• Applying for Legal Aid: We are proud members of the General, Indictable, and Serious Criminal Law Panels, ensuring high-quality representation is accessible for all.

What constitutes AOABH?

In New South Wales, AOABH is governed by Section 59 of the Crimes Act 1900. To be found guilty, the prosecution must prove beyond a reasonable doubt that:

1. You assaulted another person.
2. The assault caused “Actual Bodily Harm.”
3. The assault was intentional or reckless.

What is “Actual Bodily Harm”?

This is defined as an injury that is “more than merely transient or trifling.” Common examples include:

• Significant bruising or swelling.
• Lacerations (cuts) that require stitching or medical treatment.
• Scratches that leave a mark for a period of time.
• Psychological harm that is a recognized psychiatric condition (not just temporary fear).

Types of penalties for AOABH

AOABH is an “indictable offence,” meaning it can be heard in either the Local Court or the District Court. Penalties may include:

• Full-Time Imprisonment: The maximum penalty is 5 years’ imprisonment (or 7 years if committed “in company” with others).
• Intensive Correction Order (ICO): A custodial sentence served in the community under strict supervision and conditions.
• Community Correction Order (CCO): A supervised bond that may include community service and mandatory counselling.
• Fines: Significant financial penalties determined by the severity of the injury.
• Section 10 (Non-Conviction): The court finds you guilty but records no conviction, allowing you to maintain a clean criminal record.

Factors the court considers for AOABH offences

When sentencing, the Magistrate or Judge will look at specific details, including:

• The Extent of the Injury: How serious were the physical or psychological effects on the victim?
• Use of a Weapon: Was an object used during the assault? This significantly increases the objective seriousness.
• Domestic Violence: If the assault occurred within a domestic relationship, the court is required to treat it with increased gravity.
• Prior Character: Your history, any previous violent offences, and character references provided to the court.

Legal defences to your charge

You may successfully defend an AOABH charge if one of the following applies to your case:

• Self-Defence: You acted reasonably to protect yourself or someone else from a perceived threat.
• Accident: The injury was the result of an unfortunate accident rather than a deliberate or reckless act.
• Duress: You were forced to commit the act under a threat of immediate and serious harm.
• Causation: The alleged injury was not actually caused by your actions, but by a pre-existing condition or a separate event.

Queanbeyan & Monaro

• Jerrabomberra
• Googong
• Bungendore
• Braidwood
• Cooma
• the surrounding Snowy Monaro district