What Does Actual Bodily Harm Mean?
Actual bodily harm (ABH) is a type of criminal offence under the Offences against the Person Act 1861, where a person causes a minor injury to another person. It may not be severe or cause permanent damage to the victim but is more critical than a shove or push.
This post outlines the important things that you need to know about actual bodily harm.
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ABH – Some Common Examples
Common types of ABH injuries are scratches, bruising, swelling, bite marks, tooth chipping/loss, and minor fractures.
An offender doesn’t need to intend to cause an injury to consider the crime to be ABH. They only need to apply illegal force. For instance, an offender pushes a person who falls over, injures their head, and is temporarily unconscious. Such injuries may need several stitches. Prosecutors or investigators are entrusted with the responsibility of ascertaining the severity of any injury in an ABH case.
The Law Governing Actual Bodily Harm in Australia
Per Australian laws, the act of ABH comes under the Table 2 offence in the relevant jurisdiction. It exists in the Crimes Act of 1900 (NSW) Part 3, Section 59. The law says that if a person assaults another and causes significant bodily harm, they can be imprisoned for five years.
A person will also be considered guilty under this law if they commit the offence in the company of others. In this case, the person liable will be imprisoned for seven years, under subsection (1). It would help if you had high-quality criminal defense attorneys on your side to fight these charges.
What are the Differences Between GBH and ABH?
Grievous Bodily Harm (GBH) is a critical injury that permanently affects the victim, like an acid attack. Some other examples of permanent impact are – distorted face, severe burns, critical disfigurement, and fractured bones.
As mentioned earlier, actual bodily harm (ABH) is a much less critical injury that doesn’t cause a permanent impact on the victim.
What Can Be the Sentence for Actual Bodily Harm?
Though ABH never causes a permanent impact on a victim, you should never take the case lightly. If you are the attacker, you can be sentenced to five years in prison. If you have committed the ABH offence for the first time, you will be saved from prison sentences but will have to pay a fine or serve the community.
To deal with the proceedings smartly, you can always hire solicitors.
Why Hire Solicitors When You Face an ABH Charge?
Whenever you face an ABH charge, you can always hire highly experienced criminal defense solicitors. The punishment can vary from a nominal fine to a prison sentence depending on the level of your mistakes.
You should always consult the best criminal defense solicitors. Most attorneys offer free consultations, so you get enough time to throw questions at them, check the details of your ABH case, get an analysis of your situation, and find the best options to fight your case. You also get an idea of the fees and time you need to invest to solve the case.
So, if you are ever accused in an ABH case, make sure to hire an experienced and reliable criminal defense attorney to fight for you in Court.