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Assault Occasioning Actual Bodily Harm (ACT)
Updated on Dec 15, 2022 • 4 min read • 426 views • Copy Link
Assault Occasioning Actual Bodily Harm (ACT)
The ACT Crimes Act 1900 contains a range of assault offences including common assault, assault with intent to commit another offence, assault of frontline community service provider and assault accessioning actual bodily harm. This page deals with assault occasioning actual bodily harm in the Australian Capital Territory.
Legislation
Section 24 of the Crimes Act 1900 contains the offence of assault occasioning actual bodily harm.
What is assault occasioning actual bodily harm?
An assault occasioning actual bodily harm (AOBH) is an assault where the victim sustains actual bodily harm. Actual bodily harm is an injury that interferes with the victim’s health or comfort such as a bruise or a scratch. The injury does not need to be permanent but must be more than merely ‘transient or trifling.’
In the ACT, an assault occasioning actual bodily harm is aggravated if it is committed against a pregnant woman or in the context of family violence. When AOBH is committed on a pregnancy woman, the actual bodily harm may be harm to the pregnancy.
AOBH is a more serious charge than common assault, which does not require the victim to have suffered injury. It is less serious than inflicting grievous bodily harm, which involves really serious injuries such as permanent disfigurement, broken bones and serious burns.
Penalty for assault occasioning actual bodily harm
A person who is found guilty of assault occasioning actual bodily harm is liable to imprisonment for up to five years. If the offence is aggravated the maximum penalty increases to imprisonment for seven years.
Jurisdiction
Offences of Assault Occasioning Actual Bodily Harm are usually finalised in the summary jurisdiction (Magistrates Court or Children’s Court). When these matters are dealt with in the summary jurisdiction, the maximum penalty that can be imposed is imprisonment for two years.
As AOBH is an indictable offence, the accused has the right to trial by a jury and can elect for the matter to be committed to the Supreme Court. When the matter is dealt with in the Supreme Court, longer maximum penalties apply. If the accused pleads not guilty, the matter will be decided by a jury.
Defences to assault occasioning actual bodily harm
There are a number of legal defences that may be available to a person charged with assault occasioning actual bodily harm.
Self-defence
A person is not guilty of an offence if they acted in self-defence or in defence of another person. The defence of self-defence will succeed only if the accused reasonably believed that their actions were necessary in self-defence and their actions were proportionate to the extent of the threat they believed themselves to be facing.
Duress
A person is not guilty of an offence if they acted under duress. Duress exists when a person is subjected to serious threats (of death or serious harm) if they do not comply with another person’s demands.
Mental impairment
A person is not guilty of an offence if they were mentally impaired when they carried out the act and could not understand the nature of the act or could not understand that they ought not to do the act.
A mental impairment can be a mental illness (temporary or permanent) or an intellectual disability.
Immature age
A person under the age of 10 cannot be found guilty of an offence. A person under the age of 14 can only be found guilty of an offence if the prosecution can prove that they understood that their actions were wrong and amounted to a criminal offence (as opposed to just being naughty).
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
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Fernanda Dahlstrom
Content Editor
Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.
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