Assault occasioning actual bodily harm

The maximum penalty for the charge of assault occasioning actual bodily harm (Section 59 of the Crimes Act) is five years imprisonment.

Prosecution must prove

The police must prove each of the following matters beyond a reasonable doubt:

1. There was an assault
2. It caused actual bodily harm

They will also need to prove that you were the person who committed the assault occasioning actual bodily harm offence.

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made, it will be dealt with in the Local Court.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence.

Local Court

Based on statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid-range of seriousness for the offence of assault occasioning actual bodily harm, if heard in the Local Court, is likely to be a good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act for a period of 18 months.

For first time offenders the likely penalty is a good behaviour bond under section 9 of the Crimes (Sentencing Procedure) Act for a period of 12 months.

District Court

If the matter is finalised in the District Court the likely penalty is a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act.

For first time offenders the likely penalty is a good behaviour bond with supervision under section 9 of the Crimes (Sentencing Procedure) Act for a period of 2 years.

This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court. If no election is made, it will be dealt with in the Local Court.

To convict you of a assault occasioning actual bodily harm charge, the police must prove each of the following matters beyond a reasonable doubt:

1. There was an assault
2. It caused actual bodily harm

They will also need to prove that you were the person who committed the assault occasioning actual bodily harm offence.