Assault Occasioning Bodily Harm (AOBH)

Charged with Assault Occasioning Bodily Harm (AOBH) in Queensland? This offence is a serious criminal charge that carries a maximum penalty of 7 years in prison. The Queensland court system treats this assault offence with considerable weight, particularly when there are aggravating factors.

Facing a charge like this can be a very stressful and daunting experience. The decisions you make in the first hours and days after an allegation can have a significant impact on your case. Obtaining urgent, expert legal advice from an experienced criminal lawyer is crucial to understanding your rights and building a strong defence. Contact David immediately on 0407 322 955 to discuss your matter.

What is Assault Occasioning Bodily Harm in Queensland?

Assault Occasioning Bodily Harm (AOBH) is a specific criminal offence in Queensland, defined by Section 339 of the Criminal Code Queensland.

The law states that a person is guilty of serious assault if they unlawfully assault another person and, in doing so, cause them to suffer bodily harm.

Unlike Common Assault, which does not require an injury, AOBH assault offences are distinguished by the presence of a verifiable physical injury. This can include injuries that may seem minor but still constitute “bodily harm” under the law.

Elements You Must Understand

For the prosecution to prove an Assault Occasioning Bodily Harm QLD charge, they must prove two key elements beyond a reasonable doubt:

Unlawful Assault: An "assault" is any direct or indirect act of striking, touching, or applying force to another person. The assault is "unlawful" unless it is authorised by law, justified, or excused.
Occasioning Bodily Harm: The assault must have caused a person to suffer "bodily harm." The law defines this as any injury that "interferes with health or comfort." This can include seemingly minor injuries like scratches, cuts, bruises, or swelling. It does not need to be a serious or life-threatening injury. The key is that the injury resulted from the assault.

Penalties & Aggravating Circumstances

The maximum penalty for Assault Occasioning Bodily Harm in QLD is 7 years imprisonment. However, this penalty can increase to 10 years if the offence is committed with certain aggravating circumstances, such as being:

Armed with a dangerous weapon or pretending to be armed.
In company with one or more other people.
Involving a person who is vulnerable (e.g., a child or person with a disability).

When sentencing an individual for Assault Occasioning Bodily Harm, the courts will consider several factors. These include:

The severity of the injury caused.
Whether the defendant has a previous criminal history.
The timing of a guilty plea (an early plea can often lead to a reduced sentence).
The level of remorse shown.
The context of the offence (e.g., domestic violence, public place, use of a weapon).
The defendant's prospects for rehabilitation.

The potential outcomes for a charge of Assault Occasioning Bodily Harm QLD can range from fines or community-based orders (like probation or community service) to a term of actual imprisonment.

Common Defences for Assault Occasioning Bodily Harm QLD

An experienced criminal defence lawyer will be able to advise you on the specific defences that may apply to your case. The availability of any defence depends entirely on the unique circumstances and evidence. Common defences for assault charges include:

Self-Defence: The use of reasonable and necessary force to defend yourself or another person from an unprovoked assault.
Provocation: A defence that may apply if you were deprived of self-control by a wrongful act or insult from the other person.
Consent: In limited circumstances, consent can be a defence to an assault charge.
Identification: Where the prosecution cannot definitively prove that you were the person who committed the assault.
Accident: Where the injury was an accident and not a foreseeable result of your actions.
Mistake of Fact: Where you acted under an honest and reasonable belief of a certain set of facts.

Police Interview & Bail - What To Do Next

If you are a suspect in an Assault Occasioning Bodily Harm QLD offence, police may want to conduct a formal interview. This is a critical moment. You have the right to remain silent. Do not make any admissions or provide statements without first speaking to a criminal lawyer.

Right to Silence: You are not required to answer any police questions. Politely tell the officer you will not be answering questions until you have sought legal advice.
Legal Representation: Immediately contact a lawyer.
Bail: If you are arrested, you may need to apply for bail. The court will consider several factors, including the seriousness of the charge and any risk you pose to the community. Breaching bail conditions is a separate offence, so it's important to understand and follow any requirements.

Court Process & Likely Timeframes

A charge of Assault Occasioning Bodily Harm is a "serious indictable offence." This means the case will generally begin in the Magistrates Court, where it may proceed through several mentions and case conferences. Depending on the seriousness of the injury and the defendant's criminal history, it may then be committed to the District Court for sentencing or trial.

How David Cole Can Help

With over 25 years of experience, David Cole provides comprehensive legal representation for clients charged with Assault Occasioning Bodily Harm in Queensland. As an experienced criminal lawyer who has worked on both sides of the courtroom, he has a unique insight into the prosecution's strategies.

Early Case Review: David will meticulously review the evidence to identify weaknesses in the prosecution's case.
Strategic Advice: He will provide clear, concise advice on the best legal strategy, whether that involves negotiation for a lesser charge or preparing for trial.
Court Appearances: David can represent you at all stages of the process, from a bail application to a sentence hearing or a full trial, in any Magistrates, District, or Supreme Court throughout Queensland.

AOBH vs Common Assault vs GBH (a quick comparison)

Offence	Elements	Typical Injury	Maximum Penalty	Court Level
Common Assault	Unlawful assault	No injury	3 years	Magistrates Court
Assault Occasioning Bodily Harm (AOBH)	Unlawful assault causing bodily harm	Bruise, cut, swelling	7 years	Magistrates/District Court
Grievous Bodily Harm (GBH)	Unlawful act causing grievous bodily harm	Loss of a bodily part, serious disfigurement, or an injury that endangers life	14 years	District Court

Note: Be aware that the term "Assault Occasioning Actual Bodily Harm" (ABH) is used in New South Wales and the ACT, not Queensland. While often used in searches, the correct term for a similar offence in Queensland is AOBH.

Frequently Asked Questions

What is an example of assault occasioning bodily harm?

An example of assault occasioning bodily harm would be an unlawful punch during an argument that leaves the victim with a swollen and bruised cheek or a black eye. While the injury might be considered minor, it still "interferes with health or comfort," which is a key part of the legal definition.

What is Assault Occasioning Actual Bodily Harm?

"Assault Occasioning Actual Bodily Harm" (ABH) is the term for a similar offence in New South Wales and the Australian Capital Territory. Under Section 59 of the Crimes Act 1900 (NSW), this offence has a maximum penalty of 5 years, which increases to 7 years if committed in company. It is distinct from Queensland's AOBH charge, which falls under the Criminal Code (Qld).

What is the sentence for Assault Occasioning Bodily Harm in QLD?

The sentence for an Assault Occasioning Bodily Harm in Queensland charge depends heavily on the specific facts of your case. While the statutory maximum is 7 years in prison (or 10 years if aggravated), the court will consider a range of factors. These include the seriousness of the injury, your criminal history, the circumstances of the offence, and whether you plead guilty. There is no one-size-fits-all answer, as outcomes can range from a fine or a community-based order to a period of imprisonment.

Will I go to jail for AOBH?

It is possible to receive a jail sentence for Assault Occasioning Bodily Harm. Imprisonment is one of several possible outcomes, which also include community service orders, probation, or a suspended sentence. The likelihood of a custodial sentence depends on the seriousness of the offence and the presence of any aggravating factors. It is critical to get legal advice immediately to understand the potential outcomes and how to best prepare your defence.

Speak To An Experienced Criminal Lawyer

David strives to ensure you are represented in the best possible manner.

For highly experienced representation in all states and territories of Australia, contact David Cole today.