What Is Assault Occasioning Actual Bodily Harm?
Assault occasioning actual bodily harm is an offence under section 59(1) Crimes Act 1900 (NSW) which states:
Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.
Legal Elements of Assault Occasioning Actual Bodily Harm
To secure a conviction for assault occasioning actual bodily harm (ABH) in New South Wales, the prosecution must prove several legal elements beyond a reasonable doubt. These elements are:
An Assault Occurred
The prosecution must first establish that the accused committed an unlawful assault on another person.
The Assault Caused Actual Bodily Harm
There must be a direct link between the assault and the injury sustained by the other person. The harm does not need to be permanent or serious but must be more than merely transient or trifling.
Examples of actual bodily harm include:
- Bruising
- Swelling
- Minor fractures
- Psychological harm (if more than temporary fear or distress)
The Act Was Intentional or Reckless
The accused must have intended to apply force, or at least acted recklessly, knowing their conduct might result in harm to the other person.
Without Consent
Consent can be a defence to some types of assault. The prosecution must prove that the other person did not agree to the conduct occasioning harm.
Penalties and Sentencing for ABH in NSW
In New South Wales, the offence of assault occasioning actual bodily harm (ABH) is treated seriously by the courts. Sentences can vary depending on the circumstances of the offence, the level of harm caused, and the offender’s subjective circumstances.
Maximum Sentence for Assault Occasioning Actual Bodily Harm
Under section 59 of the Crimes Act 1900 (NSW), the maximum sentence for assault occasioning actual bodily harm is:
5 years’ imprisonment if the offence is dealt with in the District Court, or
2 years’ imprisonment if finalised in the Local Court.
If the offence is committed in company with another person, the maximum penalty increases to 7 years in the District Court.
Minimum Sentence for Assault Occasioning Actual Bodily Harm
There is no minimum sentence for this offence. However, courts are guided by sentencing principles.
Non custodial sentences for Assault Occasioning Actual Bodily Harm, include:
- Dismissals
- Conditional Release Orders (with or without conviction)
- Fines
- Community Correction Orders
- Intensive Correction Orders (custodial sentence served in the community)
Assault Occasioning Actual Bodily Harm DV T2
In the context of domestic violence, assault occasioning ABH is classified as DV offence.
This means the court will:
have to impose custodial sentences or supervised sentences unless there are options are more appropriate in the circumstances.
Consider protection and safety of victims.
Self Defence
Self Defence is a complete statutory defence to a charge of Assault occasioning ABH. It is contained in Part 11 Crimes Act 1900 (NSW).
An accused carries out the conduct constituting Assault occasioning ABH in self-defence if the accused believes that the conduct is necessary to:
- to defend himself or herself or another person, or
- to prevent or terminate the unlawful deprivation of their liberty or the liberty of another person, or
- to protect property from unlawful taking, destruction, damage, interference, or
- to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, and
Such conduct of the accused is a reasonable response in the circumstances as the accused perceives them.
Duress
Duress is a common law defence which applies in New South Wales. The law recognises that in some cases, a person who commits Assault occasioning ABH should be excused for committing the offence.
The law recognises that sometimes people do not have a choice, and their choices have been overborne by a serious threat to either them or their family.
To establish duress, the accused must satisfy the court that:
- their conduct was because of threats of death or really serious injury to them or a member of their family, and
- the threats were of such a nature that a person:
- of ordinary firmness and strength of will, and
- of the same maturity and sex as the accused, and
- in the accused’s position,
would have given in to them and committed the offence demanded of them.
Frequently asked question about Assault Occasioning Actual Bodily Harm
What is abh?
ABH stands for Actual Bodily Harm. In NSW criminal law, it refers to any injury this more than merely transient or trifling. Under section 59 of the Crimes Act 1900 (NSW), causing ABH through an unlawful assault is a criminal offence known as assault occasioning actual bodily harm. Examples of what is abh include bruising, cuts, swelling, or minor fractures. The injury does not have to be permanent, but it must be more than a fleeting discomfort.
What is actual bodily harm?
Actual bodily harm refers to any injury this more than merely transient or trifling. Under section 59 of the Crimes Act 1900 (NSW), an unlawful assault causing actual bodily harm is an offence which is punishable by up to five years jail. Examples of what is actual bodily harm include bruising, cuts, swelling, or minor fractures. The injury does not have to be permanent, but it must be more than a fleeting discomfort.
Will i go to jail for assault causing bodily harm?
Whether you go to jail for assault causing bodily harm depends on the seriousness of the injury, the circumstances of the assault, and your criminal history. Courts in NSW can impose non custodial penalties. However, more serious injuries, use of a weapon, repeat offending, or offences in a domestic violence context significantly increase the likelihood of jail
What is the maximum sentence for assault occasioning actual bodily harm?
Under section 59 of the Crimes Act 1900 (NSW), the maximum sentence for assault occasioning actual bodily harm is 5 years’ imprisonment when dealt with in the District Court. If the offence is committed in company, the maximum increases to 7 years.
When the case is finalised in the Local Court, the maximum jail term that can be imposed is 2 years’ imprisonment.
What is the minimum sentence for assault occasioning actual bodily harm?
There is no legislated minimum sentence for assault occasioning actual bodily harm in NSW. This means the court has full discretion to impose a penalty that fits the circumstances of the case. Outcomes can range from non conviction CROs to full-time imprisonment. The sentence will depend on factors such as the seriousness of the injury, whether it was a first offence, the offender’s criminal history, and any aggravating circumstances like domestic violence or use of a weapon.
What is assault occasioning actual bodily harm dv t2?
Assault occasioning actual bodily harm DV T2 is a charge under section 59 of the Crimes Act 1900 (NSW) where the assault occurs in a domestic violence context and causes an injury that is more than trivial or fleeting.
“DV” means the alleged victim is in a domestic relationship with the accused, such as a partner, family member, or housemate.
“T2” refers to Table 2 of the Criminal Procedure Act 1986 (NSW), meaning the matter is usually finalised in the Local Court unless the prosecution elects to take it to the District Court.
Domestic violence ABH offences are treated seriously — under section 4A of the Crimes (Sentencing Procedure) Act 1999, courts must consider jail or a supervised sentence unless there are exceptional circumstances.
Charged with Assault Occasioning Actual Bodily Harm in NSW?
Being charged with assault occasioning actual bodily harm is a serious offence that can result in a criminal conviction and potential imprisonment. Obtaining legal advice early can be critical.
Contact AMA Legal for experienced representation from criminal defence lawyers.
Call us now on (02) 8610 3764 or request a free consultation below
RELATED ⇒ Malicious Wounding Charge
If the assault leads to an injury where the skin was broken through both the outer (epidermis) and inner (dermis) layers, a wounding charge may be pursued by the Prosecution. This is a serious offence that carries significant penalties and is typically prosecuted in the District Court.
Learn more about malicious wounding charges in NSW.
RELATED ⇒ Affray Charge NSW
Affray is a public violence offence under section 93C of the Crimes Act 1900 (NSW). It involves unlawful conduct that would cause a person of reasonable firmness to fear for their safety.
Learn more about charges of affray in NSW
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
