Assault Occasioning Actual Bodily Harm (ABH) is a criminal offence in all Australian jurisdictions. It refers to an assault that causes injuries more serious than minor bruising or emotional distress, but less than permanent or life-threatening harm. ABH is a more serious charge than common assault and can carry significant custodial penalties.
This page outlines:
What ABH means under Australian law
Examples of ABH
How police lay charges
What must be proven in court
Legal defences that may apply
State-by-state legislation, penalties, and court jurisdictions
ABH occurs when an assault results in bodily injury that is more than transient or trifling. Injuries may include:
Bruising, cuts, or abrasions
Black eyes or swelling
A broken nose or minor fractures
Psychological injury (in some cases, if clinically verified)
The harm must be caused directly or indirectly by the accused’s actions. The prosecution must prove that the injury was caused intentionally or recklessly.
Police may charge a person with ABH if:
There is a victim complaint supported by evidence
Medical reports or photographs confirm injuries
CCTV or witness statements corroborate the assault
Charges are typically laid by issuing a Court Attendance Notice (CAN) or following an arrest. Bail may be granted or refused depending on the circumstances.
To secure a conviction, the prosecution must prove:
The accused intentionally or recklessly assaulted the victim
The assault caused actual bodily harm
There was no lawful excuse for the assault
Possible defences to ABH include:
Self-defence
Defence of another
Accident
Consent (rare and limited)
Duress or necessity
Mental impairment
Common assault is one of the most frequently charged offences in Australia. Below is a breakdown of the penalties, legal definitions, and court processes across NSW, VIC, QLD, SA, WA, and the ACT.
Legislation: Crimes Act 1900 (NSW), Section 59
Penalty: Up to 5 years imprisonment (7 years if in company)
Court: Local Court (summary), District Court (indictable)
Example: Punching someone and causing facial bruising or a black eye
Legislation: Crimes Act 1958 (VIC)
Common Equivalent: Recklessly causing injury (Section 18)
Penalty: Up to 5 years (summary) or 10 years (indictable)
Court: Magistrates or County Court
Example: Causing swelling or a hairline fracture in a heated argument
Legislation: Criminal Code Act 1899 (QLD), Section 339(1)
Penalty: Up to 7 years imprisonment
Court: Magistrates (summary) or District Court (indictable)
Example: Shoving someone to the ground, causing cuts or bruises
Legislation: Criminal Code Compilation Act 1913 (WA), Section 317
Offence Name: Assault causing bodily harm
Penalty: Up to 7 years imprisonment (10 years if aggravated)
Court: Magistrates or District Court
Example: Hitting with an object, causing bleeding or swelling
Legislation: Criminal Law Consolidation Act 1935 (SA), Section 20
Equivalent Offence: Causing harm
Penalty: Up to 5 years imprisonment (or 7 years if aggravated)
Court: Magistrates or District Court
Example: Slamming a door on someone’s hand, causing lacerations
Legislation: Crimes Act 1900 (ACT), Section 24
Penalty: Up to 5 years imprisonment
Court: Magistrates Court (summary) or Supreme Court (indictable)
Example: Throwing a phone and causing a cut on the victim’s face
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
