This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
What is ABH (Assault Occasioning Bodily Harm)?
In Queensland, it is an offence to assault another person. One category of assault is an Assault Occasioning Bodily Harm, which occurs when a person strikes, touches, moves or otherwise applies force (either directly or indirectly) to another person without their consent, which causes them to suffer some kind of bodily harm or injury. An application of force to another person, whether it is a light push or a punch to the face, might constitute Assault Occasioning Bodily Harm. For example, police can charge you with Assault Occasioning Bodily Harm if you headbutt, slap or punch another person which causes them injury. Injuries constituting bodily harm can include bruising, swelling, cuts, scratches or broken bones.
An assault is defined in section 245 of the Criminal Code Queensland as; “A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an “assault” .
In this section:
- “applies force” includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
- “Bodily Harm” means any bodily injury which interferes with health or comfort.
The Law:
Section 339 of the Criminal Code (Qld) 1899 states;
- “(1) Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years.”
- “(3) If the offender does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 10 years.”
Elements of the Offence:
It is the duty of the prosecutor to prove beyond a reasonable doubt that the Defendant has committed the offence. Every charge has a number of elements that the Prosecutor must prove beyond a reasonable doubt. For the charge of Assault Occasioning Bodily Harm the Prosecution must prove;
- Defendant – The Prosecutor has to prove the identification of the offender;
- Did Assault – The Prosecutor has to prove that an “assault” as defined at law has occurred.
- Another Person – There needs to be a victim of the crime.
- Without Permission – That the Defendant had no excuse for doing this (ie/ was not authorised/justified or otherwise excused at law)
And Cause Actual Bodily Harm
This article is for general information only and should not be relied on for specific legal advice. The author will not be held responsible for any action that a person takes as a result of interpretation of the contents of this article. It is important to seek specific advice from a qualified and experienced lawyer for any legal problem.
Penalty for Assault Occasioning Bodily Harm
The maximum penalty for this offence is 7 years imprisonment, however, if the offender pretends to be or is actually armed with any dangerous weapon or is in the company of at least one other person, the maximum penalty increases to 10 years imprisonment.
Convictions
In Queensland, if a person is convicted of an Assault Occasioning Bodily Harm offence, then the court could impose one of the following penalties:
- Jail (suspended, parole or actual time);
- Intensive Corrections Order;
- Probation;
- Community Service Order;
- Fines.
The actual penalty will depend on the circumstances of the matter including the seriousness of the offence and the individual circumstances and background of the Defendant.
Possible Defences For A B H
There are a number of defences available to charges at law. Not every defence is available to every charge. You will need to seek specific legal advice to see if you have a defence available to you for this charge. Some of the common defences available in criminal charges are;
- Necessity;
- Mistake of Fact;
- Public Safety;
- Self Defence or defence of another person;
- Intoxication;
- Provocation;
- Accident;
- Duress;
- Compulsion;
- Insanity;
- Automatism
Which Court will your matter be heard in?
The charge of Assault Occasioning Bodily Harm will ordinarily be heard in the Magistrates Court in Queensland. The charge will be heard and determined by a Magistrate alone whether you plead guilty or not guilty. There is no jury in the Magistrates Court. The Defendant may however elect to have the matter heard in the District Court. In that event a committal hearing will have to be conducted and then the matter will proceed to the District Court. If you enter a plea of guilty then the charge will be determined by a Judge. If you enter a plea of Not Guilty then the trial will be before a Judge and Jury. If you are found guilty then you will be sentenced by the Judge.
What should I do if the police want to speak to me about an Assault Occasioning Bodily Harm allegation or if I am charged with an A B H offence?
You have the right to remain silent. You DO have to provide police with your name, date of birth and contact details. You should NOT answer any questions, make any statement or participate in any interview with the police. You should be polite to the officer but insist that you want to talk to your lawyer. You have the right to telephone a friend, relative, or lawyer.
Call an Expert
If you are charged with an A B H offence, it is very important that you seek immediate legal advice. Our team at Brooke Winter Solicitors can give you over-the-phone advice. We have a solid reputation as expert Criminal Lawyers and can represent you in court. Call us on 1300 066 669 or contact us online if you have any questions. We can assist you no matter where you are located and can appear in every court.