. Assault occasioning actual bodily harm involves an assault which inflicts some “actual bodily harm”. Actual Bodily Harm. Those may be covered by section 61. Those may be covered by section 61. The maximum penalty for assault occasioning actual bodily harm is imprisonment for 5 years. The offence is more serious than common assault but less serious than assaults that result in grievous bodily harm. - Whosoever shall be convicted … of any assault occasioning actual bodily harm shall be liable to imprisonment … Maximum Sentence: Offences Against the Person Act 1861, s.47 Indictment: 5 years imprisonment or an unlimited fine or both (for offences committed before 28 September 2004) 7 years … assault occasioning actual bodily harm — maximum penalty of 7 years: s 60(2) — maximum penalty 9 years if committed during public disorder: s 60(2A) wound or inflict grievous bodily harm — maximum penalty 12 years: s 60(3) maximum penalty 14 years if committed during public disorder: s 60(3A). The offence of actual bodily harm is set out in S.47 Offences Against the Person Act 1861.Which provides that it is an offence to commit an assault occasioning actual bodily harm.Whilst the statute only refers to assault, the offence may also be committed by a battery. The offence of actual bodily harm is set out in S.47 Offences Against the Person Act 1861. When determining whether you have a viable cause of action for assault, it's important to fully understand the elements of assault. The sections which make up actual bodily harm offences are sections 59 (assault occasioning actual bodily harm), and 35 (where the assault involves wounding). Under the Offences Against the Person Act 1861 (OATPA 1861), the prosecution must prove: • an assault or battery, and • the assault or battery caused the victim actual bodily harm. Have you been charged with an offence of Assault Occasioning Actual Bodily Harm? You’ll be found not guilty of Assault occasioning actual bodily harm if the police are unable to prove beyond reasonable doubt that you: Assaulted a person; and; Because of that assault, the person suffered actual bodily harm. Elements of the offence. ASSAULT OCCASIONING ACTUAL BODILY HARM Offences Against the Person Act 1861 47. initial stage is to prove either assault or battery; Occasioning . This offence is more serious than assault or battery as, unlike these offence, it actually requires harm to be caused to the victim. Actual bodily harm is any physical injury to a person (which need not be permanent), or psychiatric injury that is not merely emotions, fear or panic. Assault occasioning actual bodily harm is a relatively serious allegation, that is frequently dealt with by the criminal courts. Like common assault, it is one of the most commonly prosecuted offences in the Local Court, however as it always involves some actual injury or harm to the victim, it is treated more seriously by the courts. Which provides that it is an offence to commit an assault occasioning actual bodily harm. ‘Bodily harm’ is defined in the Criminal Code as any bodily injury that interferes with health or … The offence of assault occasioning actual bodily harm is contained in section 24(1) of the  Crimes Act  1900 (ACT) which states: “A person who assaults another person and by the assault occasions actual bodily harm is guilty of an offence punishable, on conviction, by imprisonment for 5 years.” The maximum penalty for assault occasioning actual bodily harm in the company of another person or persons is imprisonment for 7 years. Note: there is NO need to show that the defendant intended or foresaw actual bodily harm. - Whosoever shall be convicted … of any assault occasioning actual bodily harm shall be liable to imprisonment … Maximum Sentence: Offences Against the Person Act 1861, s.47 Indictment: 5 years imprisonment or an unlimited fine or both (for offences committed before 28 September 2004) 7 years … Assault Occasioning Actual Bodily Harm (AOABH) contrary to section 39 of the Offences against the Person Ordinance, Cap 212.AOABH is a more serious type of assault where there is actual bodily harm caused by the assault. ASSAULT OCCASIONING ACTUAL BODILY HARM Offences Against the Person Act 1861 47. The sections which make up actual bodily harm offences are sections 59 (assault occasioning actual bodily harm), and 35 (where the assault involves wounding). Call us today for free legal advice at either our Sydney or Parramatta Office.We are available 24 hours a day, 7 days a week. Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be liable F1. (2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons.

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