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ASSAULT OCCASIONING ACTUAL BODILY HARM | AOABH | SECTION 59 CRIMES ACT
Assault occasioning actual bodily harm
Assault occasioning actual bodily harm (AOABH) is an offence under section 59(1) Crimes Act 1900 which states:
Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.
If you have been charged with 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 be without lawful excuse, and
- The complainant sustained a physical injury that is more than transient or trifling.
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
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 – 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 probably 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.
The Courts have held that the expression “proved beyond reasonable doubt” mean exactly what they say – 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 probably 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.
ASSAULT OCCASIONING ACTUAL BODILY HARM | AOABH | DEFENCES
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 person believes that the conduct is necessary to:
- to defend himself or herself or another person, or
- to prevent or terminate the unlawful deprivation of his or her 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 the conduct is a reasonable response in the circumstances as the accused perceives them.
Duress
The law recognises that in some cases someone who commits what would otherwise be a crime should be excused for having done so. The law recognises that sometimes people really do not have a choice and their choices have been overborne by a serious threat to either them or their family.
There are three elements which make up the defence of duress.
- 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.
The above should not be treated as legal advice but general information.
For a free consultation with a Criminal Lawyer in Sydney, call AMA Legal on (02) 8610 3764.
