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Assault Occasioning Actual Bodily Harm

This offence applies when an assault causes physical injury. The law does not provide a strict definition of actual bodily harm, though it generally includes injuries like bruising, scratches, or minor psychological harm.

The maximum penalty is 5 years in prison, increasing to 7 years if the offence is committed with others. The prosecution does not need to prove intent—only that an assault occurred, that harm resulted, and that the accused was responsible.

Wounding occurs when an injury breaks the skin, regardless of whether a weapon was used. The severity depends on the extent of the injury and the circumstances, such as repeated strikes or the setting in which the offence took place.

The maximum penalty for reckless wounding is 7 years, or 10 years if committed in company.

What is grievous bodily harm?

Grievous bodily harm (GBH) refers to serious injuries or significant permanent disfigurement. There is no definitive list of injuries that qualify, though GBH applies even if the victim eventually recovers. The court determines whether an injury meets the legal standard.

The maximum penalty for this offence is 10 years in prison, increasing to 14 years if committed in company.

What constitutes recklessness?

Recklessness refers to the offender’s awareness that their actions could result in harm. The prosecution must prove that the accused understood the potential consequences of their conduct. For example, if a person punches someone knowing it could break their nose, they are considered reckless regarding that harm, which meets the threshold for this offence.

Assaulting a police officer is treated as a serious offence, with courts prioritising deterrence. The maximum penalty is 5 years in prison.

Other offences related to assaulting police officers include:

• Assault, throw missile at, stalk, harass or intimidate – maximum penalty is 5 years imprisonment
• Assault occasioning actual bodily harm – maximum penalty is 7 years
• Wound or inflict grievous bodily harm – maximum penalty is 12 years.

This offence was introduced to address fatal one-punch assaults. It carries a mandatory minimum sentence of 8 years, with a maximum of 20 years or 25 years if the offender was intoxicated.

To be charged, the assault must involve a deliberate, unlawful strike that results in death. While similar to manslaughter, this offence carries harsher penalties.

When evaluating the gravity of a personal violence offence, the court will consider the following elements:

• Extent and Nature of the Victim’s Injuries: The seriousness of the victim’s injuries is key in assessing the offence’s severity and determining the appropriate sentence. Generally, more serious injuries result in a more severe offence and a harsher penalty.
• Degree of Violence Inflicted by the Offender: The level of violence used by the offender will influence the sentencing decision. More violent attacks typically incur more severe penalties.
• Intention/Mental Element: This consideration is typically governed by the legislation that defines the offence.

Certain circumstances can make an assault charge more serious, which may lead to a harsher penalty. These aggravating factors are often seen in personal violence offences and can significantly impact sentencing. When these elements are present, courts are more likely to impose stricter punishments. Examples include:

• Weapons – actual use or threatened use in the commission of the assault. This includes weapons such as knives, firearms, syringes, glasses or broken bottles
• Premeditation – Where premeditation or planning is a factor, the court will look to the degree of premeditation when determining the seriousness of the offence committed
• Unprovoked offence – Where the attack is unprovoked and unjustified
• Offence committed in company – Where the offence is committed in the company of others
• Vulnerable victim – Where the victim is vulnerable (for example, due to age, disability or occupation i.e. a service station attendant or bus driver or security officer)
• Commission of offence in victim’s home – for example during a robbery or where the accused has entered the property of the victim and then assaulted them
• Gratuitous cruelty – This is where the offence goes beyond just being violent in nature, it includes situations where the offender has gone beyond having no justification for causing pain. An example of gratuitous cruelty is found where the offender tortured the victim or the offender punches or kicks a pregnant woman in the stomach, causing a miscarriage. Another example of gratuitous cruelty was where a victim (who was 3) suffered 57 injuries including internal injuries and dehydration as well as bite marks
• Substantial harm – Where the injury, emotional harm, loss or damage caused by the offence was substantial, for example where the victim has suffered ongoing medical problems and not been able to work as a result of the assault
• Intoxication – Intoxication can be a result of either alcohol or drugs.

While some factors can increase the severity of an offence and result in a harsher sentence, others can reduce its seriousness. These mitigating factors may influence the court to impose a lesser penalty. Examples include:

• Injury or harm not being substantial – for example if the victim’s wounds are healed or were not substantial in the first place
• Provocation – where the offender was provoked by the victim into committing the offence
• Sexual assault
• Indecent assault
• Drug possession and supply
• Fraud charges
• Money laundering
• ASIC offences
• Insider trading
• Theft charges
• Shoplifting
• Firearms offences
• Land and Environment Court prosecutions
• Local Council prosecutions
• Local Court, District Court and Supreme Court trials including homicide charges.