The Law on Assault Occasioning Actual Bodily Harm in NSW

 

“1 thing I will not stand for is kids being abused physically or mentally and I will do this over and over again if I had the chance”

“I think it’s time people stopped judging bikies and people start to worry about the real issues in life like getting pedos off the street.”

These are the words that were posted on Rebels bikie gang member Bradley Daniele’s Facebook account after he allegedly approached Pooraka Bahrami, who was having a shower in a shower block of the watch house, before Daniele commenced launching multiple punches to Bahrami’s body and face.

Pooraka Bahrami has admitted and pleaded guilty to indecently assaulting a ten-year-old girl in Adelaide’s northern suburbs.

The plea of guilty was entered by him following negotiations with police, who withdrew more serious sexual charges against him in return for a plea of guilty to the indecent assault offence.

Bahrami had allegedly lured the girl to a toilet before committing the indecent assault on her in the Blair Athol Reserve in Adelaide.

The alleged assault in the watch house by the bikie member was all caught on camera, which was subsequently posted onto Daniele’s social media account.

The alleged assault is said to have occurred in April.

Following the alleged attack, Daniele was apprehended by authorities with capsicum spray.

After the footage was posted onto Facebook, it received many comments from the public which Daniele expressed his appreciation of support to in reply.

Daniele also said, “I’m not here to spread violence or promote anything bad”

“I’m only trying to spread the word about making the streets safe so kids can go to the playground without having to be scared of bad things happening.”

Click here for an outline on the penalties across various assault charges in NSW.

Our Lawyers Guide on the Law on Assault Occasioning Actual Bodily Harm in NSW

Actual bodily harm is considered as any harm that although not necessarily permanent, but is more than merely transient or trifling, and includes a scratch to the skin or bruise.

Actual bodily harm can also include psychiatric harm; however, it doesn’t include emotional harm.

The maximum penalty for assaulting a person which causes actual bodily harm to that person is 5-years prison and/or $5,500 fine. This applies if the offence is dealt with in the District Court (section 59(1) Crimes Act 1900 (NSW)).

Where the offence is dealt with in the Local Court, the Local Court is limited to imposing a maximum 2-years imprisonment and/or $5,500 fine.

The maximum penalty increases to 7-years imprisonment if this offence is committed in the company of another person or persons under (section 59(2)).

A person charged with assault occasioning actual bodily harm will be guilty of this offence if the prosecution is able to prove each of the following elements beyond reasonable doubt:

  1. The accused person assaulted another person without consent.
  2. The other person sustained actual bodily harm.
  3. The accused person did this recklessly or intentionally.

Doing this recklessly is when the accused person was aware of the possibility that his/her actions would cause unlawful force or apprehension of immediate and unlawful violence on the other person.

Doing this intentionally is when the accused person intended to cause the actual bodily harm.

What does assault mean? Assault includes anything you do that results in an unlawful force or an apprehension of immediate and unlawful violence to the other person alleged to be the victim.

What are the defences to an assault occasioning actual bodily harm charge? In NSW, a person accused of committing this offence will be ‘not guilty’ if any one of the following apply:

  1. The accused person acted in self-defence.
  2. Reasonable force was used in making a genuine citizen’s arrest.
  3. The accused person acted under a necessity or duress.
  4. The conduct alleged to be the assault occurred as an incident occurring in everyday life.
  5. The accused actions were involuntary.

Any questions?

Contact our Sydney criminal lawyers to arrange a free consult today.

About Jimmy Singh

Mr. Jimmy Singh is the Principal Lawyer at Criminal Defence Lawyers Australia - Leading Criminal Lawyers in Sydney, Delivering Exceptional Results in all Australian Criminal Courts.

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