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Section 59 Crimes Act 1900 (NSW) deals with assault causing actual bodily harm and states:
Proof of occasioning actual bodily harm requires that the harm (i.e. the injury) was caused intentionally or recklessly. There needs to be a real connection between the act and the injury and cannot be a mere transient or trifling act.
The prosecution has to prove the following beyond reasonable doubt:
The maximum penalty prescribed for assault causing actual bodily harm is 5 years imprisonment, however, it must be noted that the maximum penalty will only apply in the most serious of cases.
Assault causing actual bodily harm falls under Table 2 of Schedule 1 of the Criminal Procedure Act 1986 (NSW). This means that generally the offence is dealt with summarily and prosecuted by the Police, unless the Director of Public Prosecution (DPP) elects otherwise.
If the offence is dealt with summarily, it is heard in the Local Court before a Magistrate, however, when the prosecution elects to proceed on indictment the matter is heard in the District Court before a Judge.
Self-Defence, Necessity and Duress are some of the most common defences available to assault causing actual bodily harm. Consent is not a defence in case of assault occasioning actual bodily harm.
Unless the action of the accused falls within a lawfully recognised exception or can otherwise be justified (For example, injuries received from playing high contact sport).
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