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Charged with Actual Bodily Harm in NSW?
Assault occasioning actual bodily harm is a significantly more serious charge than common assault. It involves the application of force that results in injury beyond the trivial — including bruises, scratches, swelling, and other forms of physical harm. The maximum penalty is 5 years’ imprisonment, increasing to 7 years if the offence is committed in the company of another person.
If you have been charged with assault occasioning ABH, contact Blackridge Law on 02 9159 9010 for a free consultation.
What Is Assault Occasioning Actual Bodily Harm?
This offence is set out in section 59(1) of the Crimes Act 1900 (NSW), which provides:
“Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.”
“Actual bodily harm” has been defined in case law as any injury that is more than merely transient or trifling. It does not need to be permanent, but must interfere with the victim’s health or comfort. Common examples include bruising, scratches, swelling, cuts, and minor fractures.
Elements of Assault Occasioning ABH
- You applied force to the victim
- The conduct occurred without the victim’s consent
- Your conduct was intentional or reckless
- The conduct caused actual bodily harm to the victim (injury beyond the transient or trifling)
The prosecution does not need to prove that you intended to cause the specific injury — only that the assault was intentional or reckless and that it resulted in actual bodily harm.
Defences to Assault Occasioning ABH
- Self-Defence: Your response was reasonable and proportionate in the circumstances as you perceived them
- Consent: The victim consented, such as in lawful sporting activities
- Duress: You were forced or threatened into committing the act
- No Actual Bodily Harm: The injury does not meet the legal threshold of being more than transient or trifling
- Identification: You were not the person who committed the assault
Penalties for Assault Occasioning ABH
- Standard offence: Maximum 5 years’ imprisonment
- In company: Maximum 7 years’ imprisonment
- In the Local Court: Maximum 2 years’ imprisonment
First-time offenders in less serious cases may receive non-custodial penalties, but ABH charges are taken seriously and a term of imprisonment is a realistic possibility, particularly where there are aggravating factors.
How Blackridge Law Can Help
ABH charges often turn on the nature and extent of the injury, the circumstances leading up to the incident, and whether a valid defence is available. Our lawyers thoroughly review the medical evidence, witness statements, and any available CCTV or body-worn camera footage to build the strongest possible defence. We also negotiate with the prosecution to have charges reduced where appropriate — for example, from ABH to common assault.
Speak with a lawyer
Charged with assault occasioning ABH? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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