Assault Occasioning Bodily Harm

Have you been charged with Assault Occasioning Bodily Harm?

 

A charge of Assault Occasioning Bodily Harm under Section 339 of the Criminal Code Act 1899 (Qld) is a serious offence in Queensland. The maximum penalty is 10 years imprisonment.

The complexity of these charges often lies in the evidence presented to establish the injuries sustained and whether the assault directly caused those injuries. This can involve medical reports, witness statements, and other forms of evidence. Our lawyers are skilled in defending assault charges, reviewing and challenging such evidence, identifying any gaps or inconsistencies that could strengthen your defence.

If you are charged, seeking legal advice early from an experienced criminal lawyer can make a significant difference to the outcome. Contact our firm today to see how we can help your case.

What is Assault Occasioning Bodily Harm?

Under Section 339 of the Criminal Code Act 1899 (Qld), any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years.

Examples of bodily harm can include:

  • Cuts, bruises, or abrasions

  • Broken bones or fractures

  • Internal injuries

  • Any injury that interferes with the victim’s health or comfort and is more than transient or trifling

What is the penalty for Assault Occasioning Bodily Harm?

The maximum penalty can increase from 7 years imprisonment, to 9 years imprisonment if material is published on a social media platform, or an online social network to advertise the offender’s involvement in the offence, or the act or omission constituting the offence.

It also increases to 10 years if the defendant does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more person. This is called an ‘aggravated offence’.

While not all individuals convicted of this offence will receive the maximum penalty, the sentence will depend on factors such as:

  • The severity of the injuries – The extent and nature of harm caused to the victim.

  • Whether a weapon was used – Using a weapon or object during the assault may increase the penalty.

  • The circumstances of the assault – Including whether it occurred in a public place, during a domestic dispute, or under the influence of alcohol or drugs.

  • The defendant’s antecedents – Any prior criminal history or previous convictions for violent offences.

  • Provocation or self-defence – Whether the defendant was provoked or acting to protect themselves or others.

  • Impact on the victim – The emotional, physical, and financial consequences for the victim.

  • Any aggravating factors – Such as whether the assault involved multiple offenders.

What are strategies to defend Assault Occasioning Bodily Harm charges?

Our experienced lawyers will thoroughly examine the evidence and circumstances of your case to develop the strongest defence.

We take a meticulous approach and consider all possible arguments, including:

  • Self-defence - Whether you acted to protect yourself or another person from harm

  • Lack of intent - Whether the injury was accidental

  • Identity - Whether the prosecution can prove beyond reasonable doubt that you were responsible for the assault.

  • Consent - In rare cases, whether the victim consented to the physical contact that caused the injury.

  • Factual disputes - Challenging the version of events presented by the complainant or witnesses.

In some cases, we may also negotiate with the prosecution to have the charges reduced or dismissed, depending on the evidence and circumstances. Adult Restorative Justice Conferencing (mediation) may also be appropriate depending on the facts.

What should I do if I have been charged?

If you are charged with Assault Occasioning Bodily Harm, it is essential to:

  • Seek legal advice immediately before speaking with the police or participating in an interview.

  • Preserve any evidence in your favour, such as medical records, photos, or text messages. If there is CCTV footage that may assist, notify your lawyer promptly as it can be overwritten quickly.

  • Identify potential witnesses who can support your case, and provide their details to your lawyer. Do not approach them yourself or contact the complainant.

  • Follow any bail conditions strictly, if applicable.

The early stages are critical in determining the outcome of your case. Our experienced assault lawyers in Brisbane will carefully review the evidence, provide strategic advice, and work to achieve the best possible result for your case.

Contact us

If you or someone you know has been charged with Assault Occasioning Bodily Harm, contact Ashworth Lawyers today by calling our Brisbane office on (07) 3012 6531 or completing a Quick Enquiry on our website to arrange a confidential discussion.