Rana Lawyers Client Steps
Explain your case and we’ll determine if we need to have a conference or simply answer any questions you may be concerned about.
Book in for an initial conference with one of our experienced criminal lawyers and we’ll progress from there.
What is an AOBH Charge?
This is an offence under section 339(1) of the Criminal Code Act 1899. Firstly, the definition for ‘assault’ is defined as; “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 affect the person’s purpose, is said to assault that other person, and the act is called an”assault”.
Section 339(1) includes an ‘aggravation’ of ‘bodily harm’. There is a limited definition in the Criminal Code Act 1899, though there is a significant body of case law established by the Courts to assist in determining what ‘bodily harm’ means.
What are the penalties of an AOBH Charge?
This offence carries a maximum of between 7 years and 10 years imprisonment.
Proof of Assault With Bodily Harm
In addition to proving an assault, the Prosecution would need to prove that the complainant suffered ‘bodily harm’ which is defined in section 1 of the Criminal Code Act 1899 as “a sensation of pain alone without the infliction of an identified bodily injury is not sufficient to constitute ‘bodily harm’: Scatchard (1987) 27 A Crim R 136.”
The charge of assault must be dealt with in the Magistrates Court, but you have the right to choose whether you want the matter committed to the District Court for trial before a Jury instead of a Magistrate.
Each case is different and without looking at the evidence, it is very difficult to assess the benefits or detriments in committing the matter for trial before a Jury. You will need to have your case assessed by one of Rana Lawyer’s criminal law experts.
Contesting the AOBH Charge
If you wish to contest the charge, the Prosecution must prove the following general ‘elements’ of the offence beyond a reasonable doubt:
- You committed an assault;
- Which resulted in bodily harm;
- To another person;
- Without their consent.
Provocation – that you were provoked to such a degree by the complainant that you lost your temper and applied, or attempted to apply, force to them and a reasonable person with your characteristics would have lost control in the same circumstances;
Self Defence – due to the complainant’s conduct, you were forced to defend yourself and the mechanism of defending yourself was excessive in the circumstances;
Defence of Property – you had to apply force to the complainant in order to defend your property and there was no other way to defend said property.
If you are convicted of assaults occasioning bodily harm, the penalties vary from fines to terms of imprisonment. It is important to have your case assessed by Rana Lawyers to determine the potential outcomes and consequences of being charged with this offence.
Aggravated Assault Lawyers
We can help you understand the court process when it comes to Assaults Occasioning Bodily Harm charges.
If you are convicted of Assaults Occasioning Bodily Harm, the penalties vary from fines to terms of imprisonment. It is important to have your case assessed by a lawyer to determine the potential outcomes and consequences of being charged with this offence.
Once you contact Rana Lawyers for an initial consultation with one of our experienced aggravated assault lawyers, our team will assess your case, and provide an outline of what is to be expected from the case and what happens once you retain us.
If you are pleading guilty to an Assault Occasioning Bodily Harm, you will be required to fund our firm’s services for the entirety of the matter.
Our team of experienced lawyers will then start processing the case material, as well as the prosecution’s material. From there, we respond to that material by having another conference with you, retrieving any material we need, and then assessing whether the matter requires case conferencing with the Prosecution.
The next stage is moving into the stated court date, and being dealt the sentence.
If there’s a trial, then it’s a much longer procedure, however, our team will lay out what is to be expected in that initial conference with you.
Trust Rana Lawyers
You can trust Rana Lawyers to provide the highest quality of representation in Court.
When you place your trust in us, it comes down to experience in an adversarial setting, because we aren’t an average firm.
At Rana Lawyers, our extensive experience in trials and adversarial work has profoundly influenced our approach to handling client cases.
With a substantial team of lawyers, paralegals, legal assistants, and administrators, we ensure that our clients receive meticulous attention and care throughout every stage of their legal journey. No detail will go unnoticed in your case as we strive to deliver the best possible outcome for each and every client we represent.
