Assaults Occasioning Bodily Harm

Assault occasioning bodily harm is a more serious offence found under section 339 of the Criminal Code.

As an added element to common assault, there must be some kind of bodily harm resultant to the assault. Bodily harm is defined as any bodily injury which interferes with health or comfort.

The maximum penalty is 7 years imprisonment. This is increased to 10 years imprisonment if the accused is or pretends to be armed with a weapon. The maximum penalty is also 10 years if the accused is in company with 1 or more other person or persons. Furthermore, the accused is subject to a mandatory community service order if they commit the offence in a public place while intoxicated.