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Whoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.
The prosecution must not only prove all of the same elements as a common assault, but they must also prove that the person suffered actual bodily harm and that it was as a result of your conduct.
If the assault was physical, it must amount to some kind of physical injury that is not short-lived or transient, for example, bruises or scratches. Things which may not amount to assault occasioning actual bodily harm include swelling or small grazes which go away quickly; minor sprains which heal quickly, or loss of vision which you recover from quickly.
In the case of psychological injury, it must be shown to be something serious which goes beyond transient emotions, feeling and stat
Whilst this is a more serious offence than common assault.
There is still a range of different sentencing options for the Court to consider, such as:
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S35 of the Crimes Act 1900 sets out a number of different offences in relation to assaults inflicting grievous bodily harm (GBH) and wounding which carry maximum penalties of 7 to 14 years imprisonment.
‘Grievous bodily harm’ (GBH) is defined as ‘very serious harm’ it includes, but is not limited to:
You are ‘reckless’ if you foresaw the possibility of inflicting GBH which means you realised GBH may possibly be inflicted, but you went ahead with your actions regardless.
A wound is generally defined as an injury that results when both layers of the skin are broken; for example, a deep cut or a split lip.
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