Charges
Assault occasioning actual bodily harm
Crimes Act 1900 (NSW) s 59; s 59(1) basic offence, s 59(2) in company
What is the maximum penalty for assault occasioning actual bodily harm in NSW?
Maximum penalty. Imprisonment for 5 years (s 59(1)); imprisonment for 7 years where committed in the company of another person or persons (s 59(2)). Where dealt with summarily in the Local Court, the jurisdictional maximum term is 2 years and the maximum fine 100 penalty units, in each case or the maximum provided by law if less.
A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.
What the charge covers
This offence covers an assault that causes actual bodily harm, meaning an injury that is more than merely transient or trifling. Bruising, scratches and lasting psychological injury can qualify, though the injury need not be permanent. It sits above common assault, which requires no injury, and below wounding and grievous bodily harm offences. A higher maximum applies where the assault was committed in company with others.
Where these figures come from
Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:
Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.
This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.
Related charges
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