Definition Of Actual Bodily Harm Nsw
What does actual bodily harm mean.
Definition of actual bodily harm nsw. One case in particular sets down the aggravating and mitigating circumstances that may accompany a charge of assault occasioning actual bodily harm. R v channells unrep 20 9 97 nswcca. Actual bodily harm definition. R v driscoll unrep 15 11 90 nswcca.
Injury caused by one person to another that interferes with the health or comfort of the victim. It is a more serious offence than a charge of common assault which is reflected in its maximum penalty of 5 years imprisonment. 1 whosoever assaults any person and thereby occasions actual bodily harm shall be liable to imprisonment for five years. Assault occasioning actual bodily harm is a commonly prosecuted offence that involves some actual harm or injury to the victim.
The definitions in s 105a for the purposes of specially aggravated break and enter offences in ss 109 111 113 have also been amended to clarify that only recklessness as to causing actual bodily harm is required where the offence is committed on or after 21 june 2012. Aside from the abovementioned elements it must also be proven that the person charged was the one who actually committed assault occasioning actual bodily harm. Assault occasioning actual bodily harm often abbreviated to assault o a b h. The law in relation to assault occasioning actual bodily harm is found in section 59 of the crimes act 1900 nsw.
It resulted in actual bodily harm. Actual bodily harm is a more serious category than a common assault as an actual injury or harm has to be shown. Or simply abh is a statutory offence of aggravated assault in england and wales northern ireland the australian capital territory new south wales hong kong and the solomon islands it has been abolished in the republic of ireland and in south australia but replaced with a similar offence. This charge has a wide scope from cuts and bruises to serious psychological harm.
2 a person is guilty of an offence under this subsection if the person commits an offence. Actual bodily harm is a criminal offence in which someone gives another person a minor. Meaning of actual bodily harm. As the more serious offence under s 33 requires proof of an intention to inflict grievous bodily harm there is no breach of de simoni by taking into account in sentencing for an offence under s 35 that the offender intended to inflict actual bodily harm.