Dedicated, Perth-Based Aggravated Assault Lawyers

Being accused of Assault Occasioning Bodily Harm (AOBH) is a serious legal matter that can carry significant criminal penalties and long-term consequences. If convicted, you could face fines, imprisonment and a criminal record that may affect your employment, travel opportunities and personal reputation.

At Chambers Legal, we understand that assault charges can arise from complex and highly emotional situations, including self-defence, mistaken identity or being provoked during heated disputes. In many cases, individuals charged with AOBH may not have intended to cause harm and the injury sustained by the alleged victim may have been accidental.

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 charges.

If you would prefer to speak directly with one of our assault lawyers, you can contact us on (08) 9500 8915 or at [email protected].

Alternatively, you can book a free 15 minute phone consultation.

How AOBH is Defined in Western Australia

Under Section 317 of the Criminal Code Act Compilation Act 1913, AOBH occurs when a person unlawfully assaults another, resulting in physical harm that affects their health or comfort. Unlike common assault, AOBH requires actual bodily harm, which can include bruising, cuts, swelling or more serious injuries.

The charge does not require intent to cause harm—only that harm resulted from the assault. Even a single act, such as pushing someone who then falls and suffers an injury, can lead to AOBH charges.

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:

• Assaulting a public officer (such as police, security, or paramedics).
• Offences occurring in a domestic violence setting.
• The victim being a child or vulnerable person.
• The offender being in company with others during the assault.

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

Possible Defences for AOBH

Several defences may be applicable to AOBH charges, including:​

• Self-Defence: Acting to protect oneself or another person from immediate harm.​
• Consent: The victim consented to the act, such as in the context of contact sports.​
• Provocation: When the accused was provoked into losing self-control, leading to the assault. The provocation must be serious and sufficient to deprive an ordinary person of self-control and the response must also be proportionate and immediate to the provocation.
• Accident: The injury occurred unintentionally and without negligence.​
• Identification: Challenging the accuracy of the identification of the accused.​

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

Case Study: How AOBH Offences are Addressed in WA

In July 2024, a spectator brawl occurred at a junior girls’ football match. The offences took place after a player received a red card for rough conduct. Spectators confronted the goal umpire and the situation escalated into a physical altercation involving up to ten people.

Several individuals sustained injuries, prompting an investigation from WA Police. Three men were subsequently charged, two men were charged with AOBH, while another man was charged with disorderly behaviour.

The two men facing AOBH charges appeared in Perth Magistrates Court on August 30, 2024, where they pled not guilty.

You can read more about the case here.

Accused of Assault? Find a Lawyer at Chambers Legal

If you have been accused of assault (including AOBH), it is crucial to seek legal advice as soon as possible. Chambers Legal has an experienced team of assault lawyers who can advise you on defences and prospects of success at trial.

We recognise that an AOBH accusation can be daunting and stressful for you and those around you. We pride ourselves on working with integrity and transparency, hoping to bring comfort and stability as you navigate charges. We are fair and honest in our pricing, providing proper cost notice. Our advice is tailored to each client and always provided in writing.

If you have been accused of any assault offence and would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].

If you would prefer, you can book a free 15 minute phone consultation.