Assault occasioning bodily harm is a serious criminal charge. AOBH is where someone: unlawfully assaults another person; and causes an injury to that person. Because there are some circumstances in which an assault might be considered “lawful” (e.g. – playing a rugby match), the first requirement here is that the circumstances of the alleged assault are unlawful or excessive. Serious assault is an assault that takes place in particular defined circumstances (you may have heard it called “aggravated assault”). Examples include assaulting a police officer, a person over 60 or in company with another person. Examples of AOBH are you punch someone during a fight and break their nose; throw a brick at someone and cause bruising; cause redness, swelling, bruising or scratches. Some possible defences include: self-defence; defending property; or defending another person; under duress to perform the act; or you were acting in an emergency. You should always discuss in full the circumstances of the incident with your criminal lawyer, to ensure that they can consider any defence you might have available. AOBH comes with a maximum sentence of 7 years Gaol. In certain instances, Justice Mediation may occur and at times we may be able to negotiate this for you. You should always get a criminal lawyer who deals with assaults involved. If Police ask to interview you, simply ask for some time to consult a lawyer without declining an interview.
