Assault occasioning bodily harm is a crime, more serious than common assault, and the injury alleged can seem minor. Talk to Joseph Rahim about the charge and what can be done before court.
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Assault occasioning bodily harm is an offence under the Criminal Code Act 1899 (Qld). The prosecution has to prove three things: that you assaulted the other person, that the assault was unlawful, meaning not authorised, justified or excused, and that it caused bodily harm.
Any bodily injury that interferes with health or comfort. Pain on its own, without an identified injury, is not enough, but an injury that looks minor can still count.
Domestic violence offence. If the conduct was domestic violence, the court can record the offence as a domestic violence offence. It appears on your criminal history and counts against you at sentence.
Pick the one closest to your situation and a chat opens with it already said. No forms, and you can call instead at any time.
Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
If others were with you and involved, the charge can carry a circumstance of aggravation, even if you were not the one who caused the injury.
Being adversely affected by alcohol or a drug in a public place is a circumstance of aggravation and does not excuse the assault.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
Any bodily injury that interferes with health or comfort. Pain alone, without an identified injury, is not enough.
It can be, where the force used was reasonably necessary. It depends on the facts.
Yes. It is a crime, and it requires that the assault caused bodily harm.
Nobody can tell you the outcome in advance. It depends on the facts, the injury and your history.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
