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Assault Occasioning Bodily Harm

Dedicated, Perth-Based Aggravated Assault Lawyers

A charge of Assault Occasioning Bodily Harm (AOBH) is serious, and can result in a fine, a court order, or imprisonment, along with a criminal record that can impact your employment, travel opportunities and reputation.

This page will help you understand how this offence is defined in Western Australia, the penalties it can carry, and how Chambers Legal can assist you in navigating the charge.

If you prefer to speak directly with one of our assault lawyers, we offer an initial consultation for $99. We can be contacted on (08) 9500 8915 or at [email protected].

How AOBH is Defined in Western Australia

It is an offence to assault another and cause them bodily harm.

An assault is a strike, touch, movement or application of force to another without consent. An assault is unlawful if it is not authorised or justified or excused by law.

Bodily harm is defined as a bodily injury which interferes with health or comfort, such as a cut or bruising.

Potential Penalties

In the event of an AOBH conviction, the severity of the penalty depends on the circumstances of the case and whether it is dealt with in the Magistrates Court or District Court.

If heard in the Magistrates Court (summary conviction):

  • Maximum 2 years imprisonment
  • Fine up to $24,000
  • In aggravated cases, penalties increase to 3 years imprisonment and a $36,000 fine

If heard in the District Court (on indictment):

  • Maximum 5 years imprisonment
  • In aggravated cases, penalties increase to 7 years imprisonment

Aggravating circumstances are those seen to elevate the seriousness of an offence and, in turn, the penalties it carries. In a AOBH charge, aggravating factors can include:

  • If you are in a family relationship with the victim
  • If a child was present when the offence was committed
  • If at the time of committing the offence you were breaching an order
  • If the victim is of or over the age of 60 years
  • If there is hostility towards the victim based on the victim being a member of a racial group

Click here to read more about aggravating circumstances and how they are defined in the Western Australian legal system.

Possible Defences for AOBH

The most common defences against assault occasioning bodily harm charges are self-defence and provocation.

Our experienced team of assault lawyers can assess your case to determine the most appropriate defence strategy.