A brief description of assault occasioning actual bodily harm, available defences and how a criminal defence lawyer can help you
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Transcript:
Assault occasioning actual bodily harm is where a person physically assaults another person causing injury that is more than what's called transient or trifling. Now it's often misunderstood amongst lawyers as to what constitutes something that is transient or trifling and what constitutes actual bodily harm I've heard on a number of occasions lawyers having told their clients that any type of physical harm, any little scratch, any redness, or anything of that sort constitute actual bodily harm. That's not the case. It is not the case. Actual bodily harm again has to be something that's more than transient or trifling. Now for examples that the cases have found of actual bodily harm include cuts that last for more than a couple of days, bruising to the eye, any substantial bruising. Cases that may not constitute actual bodily harm include just some redness, very small scratches that go away very quickly, very, very slight bruising. In these types of cases the charge of actual bodily harm may not be made out. Now if you're going to see a lawyer about a charge of actual bodily harm, or assault occasionally actual bodily harm, you should talk to them about their track record in these types of cases, talk to them about what they can do for you in your particular case, and there are a number of offences to the charge of assault occasioning actual bodily harm. The most common defence is self-defence. That is when you're acting in the defence of yourself, another person, or property, and you're defending yourself against an attacker. Now if the lawyer believes that you have a defence of self-defence against assault occasioning actual bodily harm they should write to the police, and they should then chase that writing up with negotiations, trying to get the charge dropped, and it may well be the case at a good lawyer that's experience in these types of cases can convince police, and it won't be the officer in charge of the case, it'll be their superior, to withdraw the charge. Now if the lawyer is of the view that the assault can be made out that is that it's likely that it's going to be proved that you didn't assault the person but actual bodily harm isn't made out the lawyer can ask for the charge of assault occasioning actual bodily harm which carries a maximum penalty of five years imprisonment to be reduced to common assault, which is less serious, carries a maximum penalty of two years imprisonment. Now if you want to take the matter to a hearing and defend it look for a lawyer who specialised in defending assault cases, who has a long and proven track record in these types of cases, and who you can see has won a number of assault cases, and or had a number of them withdrawn. This is assault occasioning actual bodily harm.
