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Assault occasioning actual bodily harm

Offence title:

 

Assault occasioning actual bodily harm

Act:

 

59 Crimes Act (NSW)

Offence:

(1)   Whosoever assaults any person, and thereby occasions actual bodily harm, commits an offence.

 

(2)   If the person commits an offence under subsection (1) in the company of another person or persons, they all commit the offence.

Penalty:

 

(1)   Imprisonment for 5 years.

 

(2)   Imprisonment for 7 years.

 

Summary/Indictable/mixed:

 

Mixed

 

Jurisdiction:

 

Local, District or Supreme Court

 

How committed:

 

(1)   Person A punches Person B and causes bruising and swelling;

 

(2)   Person A and Person B both strike Person C, Person C only has one visible injury but both A and B have committed the offence.

 

Important note:

Actual bodily harm has been found to be constituted by “Any hurt or injury which interferes with the health or comfort of the person. It need not be permanent, but must be more than merely transient or trifling.”: R v Donovan [1934] 2 KB 498 at 509.

 

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