Charged with assault occasioning actual bodily harm in NSW.

The legislative source.

"Actual bodily harm" is a phrase of art. It means "any hurt or injury calculated to interfere with the health or comfort" of the complainant (R v Donovan [1934] 2 KB 498), more than merely transient or trifling but less than grievous bodily harm. Bruising, swelling, abrasion, and short-lived psychological injury all qualify. A red mark that disappears within minutes does not.

s 59(1) AOABH is a Table 2 offence under Schedule 1 of the Criminal Procedure Act 1986 (NSW). Only the prosecution can elect to commit it for trial in the District Court. s 59(2) AOABH in company is a Table 1 offence; both the prosecution and the accused can elect. Election by the prosecution is more common where the conduct is at the upper end and the Local Court two-year limit is inadequate.

Penalties and likely outcomes.

Maximum and likely range.

Five years imprisonment in the District Court for s 59(1), seven years for s 59(2) in company. Two years per offence in the Local Court. Realistic sentencing range in the Local Court for a first-offence AOABH on a plea is a CCO (12-24 months), an ICO (12-24 months), or a short period of full-time custody for the more serious matters. Section 10 is rare but available where the harm is at the bottom of the AOABH band (a single bruise) and the subjective case is strong.

Aggravating circumstances.

In company (s 59(2)), against a police officer, in a domestic violence context, with a weapon, or where the complainant was vulnerable, all elevate the sentence. Where the offence is committed in company, the seven-year maximum applies and full-time custody is the realistic outcome on a plea where there is real injury.

Subjective factors.

First-time offender, good character, employment, family responsibilities, mental health condition properly diagnosed and treated, restorative justice attempts, and remediation through counselling all reduce the sentence. The s 21A factors in the Crimes (Sentencing Procedure) Act 1999 apply.

Defences and arguments worth running.

Self-defence.

The most common defence. Section 418 applies. The Crown must negative self-defence beyond reasonable doubt once raised. The reasonableness of the response in the circumstances perceived is the central question.

Lack of causation.

The injury must have been caused by the assault. Where the complainant fell, where the injury pre-existed, or where the contact was insufficient to produce the injury claimed, causation is in issue.

Identity.

In group altercations and bar fights, the Crown must prove the accused inflicted the bodily harm. Identification evidence (CCTV, eyewitness reliability) is tested.

Lack of bodily harm.

The injury must amount to "more than transient or trifling" hurt. Where the injury is a red mark, momentary pain, or a transient symptom, the Crown may not establish actual bodily harm and the matter is downgraded to common assault.

What we do for clients facing this charge.

The first decision is jurisdiction. If the Crown signals an intention to elect up to the District Court, the strategy and the costs change significantly. We make submissions to the prosecutor on jurisdiction early, where appropriate.

If you plead.

The objective is to keep the matter out of full-time custody. The subjective case is built carefully: character references, treating doctor's letter, employment letter, evidence of restorative justice, mental health diagnosis where relevant. We brief a psychologist or psychiatrist where mental health is relevant and the report will assist the sentencing submission.

If you defend.

The brief is obtained. The complainant's medical evidence is analysed against the bodily harm threshold. CCTV is requested. The witnesses are interviewed where consent is given. If self-defence is the live issue, we prepare the accused's account in detail.

What we tell clients on the first call.

The practical detail below is not legal advice for your matter. It is the version of the conversation the firm typically has with a client charged with assault occasioning actual bodily harm in the first hour.

What evidence police usually rely on.

The complainant's statement, body-worn video from attending officers, photographs of any injuries, treating-doctor records, and any witnesses present at the scene. CCTV from the location is often subpoenaed.

What to bring to the first consultation.

• The Court Attendance Notice (or charge sheet) and any bail papers.
• Anything police gave you in writing — fact sheet, certificate of analysis, search warrant copy, property seizure record.
• A short written timeline of the day, in your own words.
• A list of every person present, in the order you say events occurred; any photographs you took of marks, surroundings, or injuries to you.

Common mistakes in the first twenty-four hours.

• Talking to anyone other than your lawyer about the matter. Friends, family, co-accused and social media are not privileged.
• Deleting messages, photographs, posts or browser history. The trail left by deletion is often more damaging than what was there.
• Contacting the complainant or any prosecution witness, even through a third party.
• Sending an apology to the complainant. Even a well-intentioned message becomes prosecution evidence.

What not to say to police without advice.

You must give your name and address. You do not have to answer anything else, and in most cases you should not. The standard answer is: “I do not wish to answer questions. I want to speak to my lawyer.” Section 89 of the Evidence Act 1995 (NSW) protects silence; the narrow section 89A exception applies only on indictable matters and only where a special caution has been given in the presence of an Australian lawyer.

The timeline you can expect.

From charge to first court appearance is typically two to six weeks in the Local Court and longer where the matter is indictable. The brief of evidence is served by the prosecutor on a date set at the first mention. From service of the brief to first reply is typically twenty-eight days. Defended hearings and committals are then listed weeks or months out depending on the court list.

When an early plea may or may not be appropriate.

An early plea attracts a sentencing discount of up to twenty-five per cent if entered at the first available opportunity, but it locks in a conviction. The firm does not advise an early plea before the brief is served and read. An early plea makes sense where consent is not in issue, the injury is at the low end, and the realistic best outcome on the facts is a section 10 or a non-conviction CRO. Otherwise the brief is read first.

Court-specific notes.

If the matter is listed at the Downing Centre, Parramatta, Penrith, Burwood, Manly, Newtown, Waverley, Hornsby or Sutherland Local Court, the firm appears in person. Wollongong Local Court matters are run from the firm's Wollongong office. ACT Magistrates Court and ACT Supreme Court matters are run from chambers; the firm appears in person at all ACT mentions.

Recent outcomes · AOABH matters.

Anonymised outcomes from the firm's matter set. Names, dates beyond the year, and identifying details have been altered or omitted to preserve client confidentiality. Each result was determined on the particular facts and is not a guarantee of any future outcome.

Frequently asked.