What is Assault Occasioning Bodily Harm?
Assault Occasioning Bodily Harm (AOBH) is a serious offence under section 317 of the Criminal Code Act Compilation Act 1913 in Western Australia. It involves an assault that results in bodily harm to another person. This type of offence is treated seriously by the courts due to the physical and psychological impact on the victim.
Defining Bodily Harm
Bodily harm is defined as any injury that interferes with a person’s health or comfort. The injury does not need to be permanent or require medical treatment to qualify. Examples include bruising, cuts, or swelling that cause temporary discomfort.
Maximum Penalties for Assault Occasioning Bodily Harm
The penalties for Assault Occasioning Bodily Harm (AOBH) vary depending on the circumstances and whether the case is heard in the Magistrates Court or a higher court.
AOBH is an either-way offence, meaning it may be dealt with in the Magistrates Court or on indictment in the Supreme Court. A different maximum penalty applies in each jurisdiction (as detailed below).
Higher Courts (Indictment):
When the offence is dealt with in a higher court (on indictment), it carries a maximum penalty of imprisonment for five years. This penalty increases to seven years if the offence is committed under circumstances of aggravation or racial aggravation.
Magistrates Court (Summary Conviction):
When the offence is finalised by a magistrate (in the summary jurisdiction), the maximum penalty is two years imprisonment or a fine of $24,000. For cases involving circumstances of aggravation or racial aggravation, the penalty increases to three years imprisonment or a fine of $36,000.
Circumstances of Aggravation
Under section 221 of the Criminal Code, certain factors can increase the severity of penalties for AOBH. These circumstances of aggravation include:
- Domestic Relationship: The offender and victim are in a family or domestic relationship.
- Child Presence: A child is present during the offence.
- Restraining Order Breach: The offence involves a breach of a restraining order or other legal protection order.
- Elderly Victim: The victim is aged 60 years or older.
Aggravating circumstances result in stricter penalties to reflect the increased seriousness of the offence.
Circumstances of Racial Aggravation
Under section 80I of the Criminal Code, racial aggravation applies when an offence is motivated by hostility towards the victim based on:
- Race
- Colour
- Ethnic origin
- Nationality
Proving racial aggravation allows the courts to impose harsher penalties to denounce discriminatory motives and protect vulnerable groups.
Defending Against the Charge of Assault Occasioning Bodily Harm
A person charged with assault occasioning bodily harm may have a range of legal defences available to them.
Self-Defence
A person is not guilty of any assault offence if the act was committed while they were defending themselves or another person. A person may secure an acquittal on the basis of self-defence if they reasonably believed their actions were necessary in self-defence and their conduct was proportionate to the degree of threat that they believed they were facing.
Mental Impairment
A person is not guilty of an offence if they were mentally impaired at the time of the alleged offence and, as a result, they could not understand the nature of the act or that it was wrong. This defence requires evidence of a diagnosed mental condition that affected the individual’s capacity.
Duress
A person is not guilty of an offence if they acted under duress. Duress applies when the act was carried out because of a threat that would cause a reasonable person to fear for their safety. The threat must be immediate, serious, and leave no reasonable alternative for the accused.
Immature Age
A person is not guilty of assault occasioning bodily harm if they were under the age of criminal liability when they committed the act. Children under the age of 10 are deemed incapable of criminal responsibility. Additionally, those under 14 may also be found not guilty if they were insufficiently mature to understand the nature of their conduct.
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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