Domestic and non-domestic assault allegations involving Actual Bodily Harm (ABH) are treated seriously in NSW. Police often lay an ABH charge when an injury is alleged, even where the evidence is limited, inconsistent, or open to interpretation. Once the charge is filed, the matter will usually proceed regardless of whether the complainant wishes to continue.
If you have been charged with assault occasioning actual bodily harm, or believe police are investigating an incident, you should obtain legal advice as early as possible. Early advice can protect your position, guide you on what to say or not say, and help preserve evidence that may support your defence.
At Lenz Legal we act only for the accused. You remain presumed innocent unless and until the prosecution proves every element of the offence beyond reasonable doubt.
Actual Bodily Harm (ABH) is an offence under section 59 of the Crimes Act 1900 (NSW). It sits between Common Assault and more serious offences involving (wounding or grievous bodily harm.)
In NSW, “actual bodily harm” means any injury that is more than merely transient or trifling. Examples include injuries such as bruising, scratches, swelling, cuts, or soreness that lasts more than a short period. Serious psychological harm may also qualify if it is more than temporary emotional upset.
ABH may be charged on its own, or alongside other assault offences including
(Assault Occasioning Grievous Bodily Harm)
(Reckless Wounding)
Choking, Suffocation or Strangulation – DV
To secure a conviction for ABH, the prosecution must prove each element beyond reasonable doubt.
This may involve physical contact or conduct that caused the complainant to fear immediate and unlawful violence.
The law does not require a weapon, serious force, or lasting injury.
This refers to an injury that is more than transient or trifling.
Examples include bruising, cuts, scratches, swelling, pain lasting more than momentarily, or demonstrable psychological harm.
The prosecution must show you intended the act, or were reckless as to the risk of causing harm.
Police must prove you were the person responsible, based on reliable evidence rather than assumption, inference, or a single version of events.
If any element is not proven, you must be found not guilty.
ABH allegations frequently arise in situations where the evidence is unclear, incomplete, or disputed.
A significant part of our role is ensuring the court sees the full context — including body-worn video, 000 recordings, photographs, text messages, and witness accounts.
ABH cases often involve a mix of physical and digital evidence.
Our defence work focuses on identifying weaknesses, contradictions, and alternative explanations for the alleged injury.
The appropriate defence depends on the facts, available evidence, and how the allegation is framed.
ABH carries a maximum penalty of 5 years imprisonment (or 7 years in aggravated circumstances).
However, most matters resolve without a custodial sentence. Realistic outcomes depend on the seriousness of the allegation, the nature of any injury, your background, and the strength of the evidence.
For comparisons, see
(Assault Occasioning Grievous Bodily Harm)
Getting legal advice early can:
When you contact Lenz Legal about an ABH charge, we will:
You will deal directly with a criminal defence lawyer who understands the implications of an ABH allegation and will ensure the court sees the full picture.
For detailed guides on related offences, see
(Common Assault)
(Assault Occasioning GBH)
(Reckless Wounding)
(Affray)
(Stalk or Intimidate – DV)
(Domestic & Family Violence Parent Page)
Any injury that is more than transient or trifling, including bruising, swelling, scratches, or lasting pain.
No. Medical notes can help but are not essential. Lack of medical evidence may support your defence.
Yes. Many ABH matters are reduced to common assault if the injury threshold is not met.
Not necessarily. Non-conviction outcomes are available in appropriate cases
The maximum penalty is 5 years imprisonment, or 7 years imprisonment if the offence is committed in company.
Get legal advice before speaking to police or attending court. Contact Lenz Legal for a confidential discussion about your situation.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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