ASSAULT OCCASIONING ACTUAL BODILY HARM | AOABH | ABH
WHAT IS ASSAULT OCCASIONING ACTUAL BODILY HARM?
Assault occasioning actual bodily harm (AOABH) 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.
WHAT THE PROSECUTION NEEDS TO PROVE?
To secure a guilty verdict for Assault occasioning actual bodily harm (AOABH), the prosecution must prove beyond a reasonable doubt:
- A striking, touching or application of force to another person (the complainant), and
- That such conduct was without the consent of the complainant, and
- That such conduct was intentional or reckless, and
- That such conduct was without lawful excuse, and
- The complainant sustained a physical injury that is more than transient or trifling as a result of such conduct.
WHAT IS ACTUAL BODILY HARM?
The Crimes Act 1900 does not define actual bodily harm. Examples of injuries that are capable of amounting to actual bodily harm include scratches and bruises. Actual bodily harm will also have been occasioned where a victim has been injured psychologically in a very serious way, going beyond merely transient emotions, feelings, and states of mind.
STANDARD OF PROOF
Section 141 Evidence Act 1995 states:
In criminal proceedings, all the elements of an offence must be proved beyond a reasonable doubt by the prosecution.
The Courts have held that the expression “proved beyond reasonable doubt” mean exactly what they say which is proof beyond reasonable doubt.
This is the highest standard of proof known to the law. The test in a criminal case is not whether the accused is guilty. In a criminal case the prosecution must prove the accused’s guilt beyond reasonable doubt. A suspicion, even a strong suspicion, that the accused may be guilty is not enough. Further a decision that the accused has probably committed the offence also falls short of what is required to prove an offence beyond reasonable doubt.
SELF DEFENCE
An accused acting in self-defence is not criminally responsible for the offence.
An accused carries out the conduct constituting the offence 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, or 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
The law recognises that in some cases, a person who commits what would otherwise be an offence 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 following three elements must be satisfied:
- because of threats of death or really serious injury to them or a member of their family,
- being threats 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 crime demanded of them.
For a consultation with a Criminal Lawyer, call AMA Legal on (02) 8610 3764.
