It also causes a great deal of stress to you and loved one’s. apprehension of immediate force. Most offences of ABH are tried in the magistrates' court unless the court considers its powers of sentencing are insufficient (see: Sentencing for ABH below). 3.0 Defences. There could thus be no. Assault occasioning actual bodily harm (often abbreviated to Assault O.A.B.H. It is a Table 2 offence under the Criminal Procedure Act, which means that unless the prosecution elect for it to be dealt with on indictment in the District Court, the matter would proceed summarily in the Local Court. held not to be an assault. 2. R v Roberts (1971) 56 Cr App R 95. This is a matter in which, Watson Nyambwili and Mary Saini are jointly charged for the said offence. In accordance to section 59 of the Crimes Act 1900, any person who assaults another individual and occasions actual bodily harm is a criminal offence. The offence of actual bodily harm is set out in S.47 Offences Against the Person Act 1861.Which provides that it is an offence to commit an assault occasioning actual bodily harm.Whilst the statute only refers to assault, the offence may also be committed by a battery. S.47 ABH. JOHN KOMBE writesA 47-YEAR-OLD man and a 40-year-old woman of Chipwalu village in Chongwe have appeared in Chongwe Magistrate Court for assault occasioning actual bodily harm contrary to Section 248 Chapter 87 of the laws of Zambia. Assault Occasioning Actual Bodily Harm – s 59 Crimes Act 1900 (NSW) An assault charge of occasioning actual bodily harm is taken very seriously, and can result in criminal convictions recorded against your name effecting your career and travel plans. Elements of the offence In fact it is far more common for offences under s.47 to be committed by battery rather than by an assault. Consent may operate as a defence to a charge of assault, battery or the causing of actual bodily harm. Hi, I have recently been in a situation where I am now being charged with assault occasioning bodily harm and wilful damage due, alcohol was involved. Assault Occasioning Actual Bodily Harm – s 59 Crimes Act 1900 (NSW) An assault charge of occasioning actual bodily harm is taken very seriously, and can result in criminal convictions recorded against your name effecting your career and travel plans. ASSAULT OCCASIONING ACTUAL BODILY HARM Offences Against the Person Act 1861 47. Assault Occasioning Actual Bodily Harm. It also causes a great deal of stress to you and loved one’s. Is there anything I can do before going to court to possibly lessen the charge ? ABH refers to any unlawful physical contact that causes actual bodily harm to the victim, these needn’t be long-term or permanent however, trivial and minor physical injuries would be considered a common assault offence rather than ABH. The type of penalty that you will receive depends largely on the facts and circumstances of your case – for example, the court will take into consideration the degree of violence used, as well as the types of injuries sustained by the complainant.