Assault occasioning bodily harm refers to touching of another against their will with physical force, in an intentional, hostile, and aggressive manner, or a projecting force that causes bodily harm.
It is an either way offence. This means there are two maximum penalties specified by legislation for a particular crime. A maximum penalty for an indictable Offence is dealt with in the District or Supreme Court. The Summary Offence is tried in the Magistrates Court.
Assault
According to Section 222 of the Criminal Code of Western Australia, assault occurs when a person touches or applies force to another without their consent. The definition extends to attempting or threatening touching or applying force without consent.
Apply Force
The criminal code defines bodily harm as any physical injury that affects the health or comfort of the victim. This includes minor injuries like cuts and bruises, as well as injuries that need medical treatment, such as stitches or pain relief.
The term to apply force refers to the use of any substance or things applied to cause injury or pain. This includes, heat, light, electrical force, gas, corrosives, odour.
Bodily Harm
Bodily harm is physical pain or injury or any impairment of physical condition and can include,
- Minor cuts and bruises
- Injuries that require medical intervention
- Broken bones
- Swelling
Charge of Assault Causing Bodily Harm
Someone who unlawfully assaults another and causes bodily harm is guilty of a crime and is answerable in the event that.
- The offence occurs in circumstances of aggravation or racial aggravation. The assailant faces imprisonment for seven years.
- Assault that happens in any other circumstances results in the assailant facing imprisonment for five years.
In the case of a Summary Conviction Penalty,
- In circumstances of aggravation or racial aggravation are present, the penalty is imprisonment for three years and a fine of $ 36,000.
- In the case of other circumstances, the penalty is imprisonment for 2 years and a fine of $24,000.
Defending Against the Charge of Assault Occasioning Bodily Harm
Suppose you are charged with assault occasioning bodily harm in Western Australia. In that case, the prosecution must establish beyond any reasonable doubt that your actions were not carried out under circumstances that justify your defence.
Potential Defences
- Self-Defence – This is a viable defence if the act was committed while you were defending yourself or another person and reasonably judged your actions were both proportionate and necessary given the level of perceived danger.
- Duress – If you acted based on the fear of not complying with another person’s demands, duress is a potential defence.
- Mental Impairment – You are considered mentally impaired if you were unable to understand the nature of your actions was wrong at the time of the incident.
- Immature age – Children under age 10 cannot be arrested, charged, or found guilty of criminal offences. You cannot be arrested if you were under 10 years of age when the act was committed. Children between 10 and 14 can use the immature age defence if there is no understanding that the act committed was a crime and that it was wrong.
- Provocation – The victim provoked you in such a way that you were deprived of your self-control. The amount of force you used must be proportionate to the provocation, not intending to cause death or grievous bodily harm.
Defences not Accepted
- Consent– It is not an acceptable defence to a charge of assault occasioning bodily harm. Meaning you cannot assert that the victim agreed to be assaulted. Bodily harm through assault cannot be consented to, regardless of the situation.
- Intent– Claiming you did not wish to cause bodily harm will not excuse your actions.
Do I Need Legal Representation?
If you are charged with the crime of assault occasioning bodily harm, legal representation is essential. The criminal justice system is exceedingly complex. Your reputation and personal freedom depend upon having a knowledgeable and experienced criminal defence lawyer in your corner. A skilled legal council can get you the best possible outcome given the charges and will fight to uphold your rights.
Our skilled and knowledgeable team at WN Legal have extensive experience defending clients. We are a boutique law service focused on giving our clients 100% in order to get the best outcome.
Kryan & Khew are extremely compassionate and professional. They are very thorough and don’t miss anything, I was super impressed with their genuine personalities while they remained professional and businesslike throughout my dealing with them. I would not hesitate to recommend my family, friends, and business clients to them.
I was recently charged with aggravated common assault. WN Legal represented me from day one till the case was finalized. They are affordable, professional, knowledgeable, and sensitive. They kept me updated on the progress of the case. Despite the seriousness of the charge the outcome was the best I could expect – a fine and spent conviction. I would recommend WN Legal for all your legal problems.
“Khew and Aimee were both so amazing and helpful, Khew ran through everything to make sure we understood everything that had to happen and how things would work. I had Aimee with me on the big day and she was super kind and made you feel so comfortable like a best friend was with you, no nerves at all! She even walked me to the car to make sure I was safe, and we came away with a positive outcome 😀 win-win defiantly recommend this company 5 stars.”
“WN Legal are far superior to any legal firm we have dealt with before and they have set the bar so high we doubt we will ever find a legal firm as dedicated and professional.
We dealt mainly with Kyran who was readily accessible and exceeded our expectations. We also found the rest of the team at WN legal to be just as helpful, friendly, and genuine.
We highly recommend WN Legal to anyone.
If we could leave a rating higher than 5 stars we would, Mark and Marina”
“Absolutely the best service. I was treated in a professional manner and when i was about to give up Khew turned around and said i am not ready to give up fighting for you yet. Some of the best words said to me in awhile. Thank you Khew for all your help and support i highly recommend this law firm.”
FAQs About Assault Occasioning Bodily Harm
What is assault occasioning actual bodily harm?
This is an assault that causes physical injury to the victim. This injury must be more significant than those named in assault occasioning bodily harm. These can include bruises, cuts, or other bodily harm that interferes with the victim’s health.
What is the maximum penalty for assault occasioning bodily harm?
If the crime is indictable, the maximum penalty is a prison sentence of five years, seven if aggravated. For cases heard in the Magistrates Court, the maximum penalty is a prison term of two years and a fine of $24,000. However, if aggravated, the maximum penalty is three years, and the fine is $36,000.
What is the difference between assault occasioning bodily harm and grievous bodily harm?
The difference between assault occasioning bodily harm and grievous bodily harm is the severity of the injuries inflicted on the victim.
- Assault occasioning bodily harm refers to injuries that are detrimental to the health and comfort of the victim
- Grievous bodily harm describes injuries that are likely to endanger the victim’s life or cause permanent injury to health
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