Assault Occasioning Bodily Harm - AOBH

Assault Occasioning Bodily Harm , commonly called "AOBH" is a serious charge of violence. For charges like this, a sentence of imprisonment is open to the court.

Have you been charged with Assault Occasioning Bodily Harm and are looking for more information?

Assault Occasioning Bodily Harm or AOBH is a common charge after there has been some interaction between two or more people where someone was injured. The police will often charge the person they think is to blame. It might be been after a fight or other incident. "AOBH" is considered to be an "offence of violence" it is more serious than common assault but less serious than Grievous Bodily Harm. Because of the nature of ABOH, the courts can, and do require people with no criminal history to serve time in a prison after a conviction.

Murray Torcetti Lawyers prepare a Defence Assessment for all our clients. If you have been charged with AOBH, a Defence Assessment will take some of the uncertainty out of the situation and help you plan the best approach moving forward. More information about the Defence Assessment can be found here.

What does the Prosecution need to prove beyond resonable doubt?

The Accused

Unlawfully Assaulted

“Assault” takes it’s meaning from section 254 of the Criminal Code:

A person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an "assault".

Another person

Causing Bodily harm

Some of the things your lawyer will be aware of

Where is the charge found?

What is the Maximum Penalty for AOBH?

Which courts determine the charge?

Whart are the alternate charges that can be offered to the prosecution?

Depending on the facts and the evidence, a less serious charge of "common assault" could be offered to resolve the charges. However, there may a risk the prosecution might hold evidence the injures are worse than "bodily harm" and amend the charge to "grievous bodily harm" which must be heard in the District Court. Your lawyer will give you advise about what the risks and benefits of negotiating this offence is with the facts unique to you.

What are the defences to the charge of Assault Occasioning Bodily Harm

The offence of Assault Occasioning Bodily Harm has a number of defences open to people who gave been charged. All the defences are complicated in how the tests operate, how they have been applied, what needs to be raised and the various factual issues about force and proportion. Your lawyer will work out with you which defences may apply, to what extend and your prospects of successfully establishing them. Below are a few examples, but are not an exhaustive list or in-depth discussion on how they operate.

Accident

Speaking generally, a defendant is not criminally responsible for the consequences of an act or omission if they did not intend those consequences, or reasonably foresee them, and an ordinary person in their position would not have reasonably foreseen the consequences as a possible consequence of the act or omission either. This is an ‘excuse’ rather than a defence and is further complicated with a number of other tests and legal principles from the case law, a lawyer should be retained to assist identifying if this excuse is open to you.

Self-Defence – Section 271(1) of the Criminal Code

Like many other defences in criminal law the defence of self-defence is complicated and more nuanced than “they hit me first”. The defence has limitations on the force used in different circumstances. Your lawyer will need to review the facts, law and your instructions to determine if the defence is open to you and form a strategy to wield the defence in a way that best works in your unique case.

Provocation – Section 268 & 269 of the Criminal

As assault may be excused by law if you have been provoked. For provocation to be open, the defence must raise and the prosecution to refute beyond reasonable doubt that:

You were provoked;
You were deprived of your power of self-control, as would an ordinary person;
Your actions were sudden and happened before your passion had time to cool; and
The response to the provocation was proportionate.

Your lawyer will need to review the facts, law and your instructions to determine if the defence is open to you and form a strategy to wield the defence in a way that best works in your unique case.

Mistaken Identity

This not a "defence" as the law applies see it, but an approach the defence might take in preventing the prosecution from proving the 1st element above to the standard of beyond reasonable doubt.

Can the Prosecution prove it was you? In some cases, the identity of the person who did the assault causing the bodily harm might not be readily identified. An example would be if there the assault occurred in a dark part of town, the complainant was near sighted and drunk and only a poor description of the defendant was given.

Can the charge be 'Case Conferenced'?

For criminal charges in Queensland, your defence lawyer will review your charges, the possible evidence and your instructions to start negotiating the charges. The aim of case conferencing for defence lawyers is to place you in the most favourable position by resisting charges and facts that are not supported by evidence, law or contrary to your instructions.

What is Case Conferencing?

Case Conferencing – Disclosure

At the start of your case, you are provided the police version of the facts but not the evidence relied upon. Your lawyer will seek the disclosure of materials to clarify the facts further or determine the strength of the case against you.

Example: After an incident at the local pub, you have been charged with assault occasioning bodily harm. The police facts note the incident was recorded on CCTV and have sought the CCTV be disclosed to see if the footage supports the police version (or have left out important facts supporting your version) and medical records.

Case Conferencing – Facts

You might wish to plead guilty to the offences, but the police materials are different to your version of the events. Defence lawyers propose amendments, additions or removal of facts so the matters do not need to go to hearing. From a defence perspective, the purpose of conferencing on the facts is to remove irrelevant information or facts that may result in a higher sentence.

Example: CCTV records you striking a person several times. The police facts state it was "5 punches", but the footage is unclear. Through case conferencing the facts were amended to “struck the victim a number of times” or “the complainant was struck twice”.

Case Conferencing – The Law

If the charges are not supported by the evidence the prosecution has, the lawyers suggest the charge be withdrawn or reduced to a lesser offence. If the law provides a mitigation or defence to your charges, your lawyer will conference with the prosecution to seek the charge be withdrawn.

Example: You have been charged with assault occasioning bodily harm, however the medical evidence does not support the charge. As a result of conferencing, the charge was amended to the less serious charge of common assault.

Case Conferencing – Charges

Charges are not set in stone after the police issue with the notice to appear or release you on bail. Often the police will “over charge” and though the process of case conferencing more appropriate charges are agreed to.

Example: The police do a search of your property and locate your phone. After searching your phone a few text messages are found where you have offered to supply a few people (or even one person a number of times) the cannabis. The police charge you with trafficking in cannabis. After reviewing the evidence the defence lawyers and prosecution agree that 3 charges of supply is far more appropriate.

Our lawyers who defend Assault Occasioning Bodily Harm charges

Solicitor & Director

James Torcetti

Solicitor

Grant Young

What you can do to mitigate penalty if you are pleading guilty

Attend Counselling

Demonstrate Employment

Demonstrating employment through a letter of employment assists the court to see you are productive and able to maintain responsibilities whilst being a member of the community. The letter could address your responsibilities, how long you have been employed and your attitude towards work.

Your Murray Torcetti Lawyer will review the letter of employment ahead of court to ensure all important points are addressed in the letter.

Letters of Reference

Character references assist the court by showing you have other parts to your character. You are more than a moment in time as read out by the prosecutor. You may be an active member of the community, provide support to a person in need or be able to demonstrate this was out of character.

Before the court date your Murray Torcetti Lawyer will review the references to ensure the letters achieve what is intended by the people who have taken the time and effort to assist you at your sentencing date.

Letters of Remorse

Remorse can be seen as a deep regret and repentance for a wrong committed. Letters of remorse can be tendered to the court at your sentencing to show the court you have insight into your behaviour and its impact on others.

Depending on the unique facts of your situation, your Murray Torcetti Lawyer will direct you if the insights are better as a letter to the court or another party as it would inappropriate to provide a any correspondence in some instances.

Offer compensation / Resitution

Before making any offers of compensation or restitution it is important to make you have been given legal advice. You may be admitting guilt where you have a defence. Or, if not done correctly you may be seen to be attempting to 'buy your way out of trouble' which will not go down well for you in court. However, genuine offers of compensation are one way to demonstrate genuine remorse for you behaviour to both the complainant and the courts.

Brisbane Office

Suite 10 Level 12 95
North Quay Brisbane 4000

07 5414 4209

Caboolture Office

4/13 King Street

Caboolture, Queensland

07 5414 4209

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Assault Occasioning Bodily Harm - AOBH

Have you been charged with Assault Occasioning Bodily Harm and are looking for more information?

What does the Prosecution need to prove beyond resonable doubt?

Some of the things your lawyer will be aware of

What are the defences to the charge of Assault Occasioning Bodily Harm

Can the charge be 'Case Conferenced'?

What is Case Conferencing?

Our lawyers who defend Assault Occasioning Bodily Harm charges

Solicitor & Director

James Torcetti

Solicitor

Grant Young

What you can do to mitigate penalty if you are pleading guilty

Brisbane Office

Suite 10 Level 12 95 North Quay Brisbane 4000

07 5414 4209

Caboolture Office

4/13 King Street

Caboolture, Queensland

07 5414 4209

Suite 10 Level 12 95
North Quay Brisbane 4000