What Is Assault Occasioning Bodily Harm in QLD? | Cridland & Hua
What Is Assault Occasioning Bodily Harm in Queensland?
Assault occasioning bodily harm — often shortened to AOBH — is a common but serious offence under Queensland law. You might have heard of it in news reports, in court proceedings, or through conversations around criminal charges. But what exactly does it mean, and how does the law define it?
Let’s break it down.
The Legal Definition of AOBH
Under Section 339 of the Queensland Criminal Code, AOBH occurs when:
- An assault is committed unlawful, and
- That assault occasions bodily harm to another person.
“Bodily harm” is legally defined as any injury that interferes with a person’s health or comfort, and that is more than merely transient or trifling. That includes things like bruising, cuts, sprains, swelling, or other injuries that might require basic medical treatment.
So, for example, pushing someone in a way that causes them to trip and break their wrist — that could qualify as assault occasioning bodily harm.
AOBH vs. Other Assault Charges
It’s important to understand where AOBH sits on the scale of Queensland assault offences:
| Charge | Severity |
|---|---|
| Common Assault | Lower end |
| Assault Occasioning Bodily Harm | Mid-range |
| Grievous Bodily Harm (GBH) | High-end — very serious |
AOBH is more serious than common assault, which might include threatening or minor physical contact, but it doesn’t reach the level of GBH, which involves permanent or life-threatening injuries.
Common Scenarios Leading to AOBH Charges
- Fights in pubs or nightclubs
- Domestic disputes
- Road rage incidents
- Schoolyard or workplace altercations
Even if the incident didn’t start out violently, if someone ends up with a significant injury, a charge of AOBH could follow — especially if alcohol, anger or retaliation were involved.
What Are the Penalties?
The maximum penalty for AOBH is 7 years’ imprisonment. But the final sentence can vary depending on the circumstances.
If certain aggravating factors are present — such as:
- The offender was armed,
- The assault was committed in company,
- Or it was committed against a police officer or public official —
Then the court may take a much tougher stance.
Possible Outcomes and Sentences
While jail time is possible, not everyone convicted of AOBH goes to prison. Sentencing options include:
- Good behaviour bonds
- Fines
- Probation
- Community service
- Suspended sentences
- Imprisonment (actual or wholly suspended)
Much depends on your prior record, the circumstances of the offence, and whether you plead guilty or go to trial.
Defending an AOBH Charge
Each case is different, but common defences to AOBH include:
- Self-defence
- Defence of another person
- Accidental injury (no intent)
- Consent (in rare circumstances, such as sport)
- Disputing the injury (arguing it doesn’t amount to “bodily harm”)
A skilled criminal lawyer will test the evidence and explore all possible defence avenues. Sometimes, charges can be downgraded to common assault, or even withdrawn entirely if the evidence doesn’t hold up.
Do You Need a Lawyer?
Yes. AOBH charges are serious, and the legal complexities surrounding intent, injury, and force used can make or break your case. Even if you think the incident wasn’t major, the consequences of a conviction can follow you for years — affecting your job, family, and travel.
Talk to the Criminal Defence Team at Cridland & Hua
If you’re facing an assault occasioning bodily harm charge, early legal advice can make a significant difference. At Cridland & Hua, we’ve defended clients across Brisbane and Queensland in cases ranging from minor altercations to serious violence.
We’ll help you understand:
- The strength of the prosecution’s case
- Your best path forward
- Whether diversion programs are an option
- How to protect your record and minimise penalties
Contact Cridland & Hua
📞 Call (07) 3210 0500 or contact us online for specialised and confidential advice.
