Actual Bodily Harm

From The Royal Court

Application

Advice and guidance around when this offence could apply, and when it shouldn't apply.

Applies When

  • A person punches or kicks the victim and it leaves a number of superficial bruises.
  • A person jabs the victim with a club, leaving behind a large but superficial bruise on their arm.
  • A person scratches the victim with their nails, leaving shallow grazing on their cheek.
  • A person shoves the victim, causing them to stumble and hit their head against the wall, causing swelling.
  • A person intentionally applies unlawful force to the victim, resulting in injury.

Doesn't Apply when

  • A person swings a club at someone's head but misses.
  • The victim sustains injuries more severe than those covered by this section. Instead use the higher grade offence.
  • A person accidentally applies force to the victim, resulting in injury; such as tripping over a step and pushing someone in to a wall.

Sentencing

Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.

  • Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
  • Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.

Suggested Sentences

  • 15 Silver Penalty
  • 2 Day Community Restitution Order
  • 6 Lashes

Due Process

  • Penalty Offence: A fixed penalty notice (FPN) can be issued for this offence without a court hearing or supervisor escalation.
  • Summary Offence: A trial in the Magistrates Court, or a supervisor review is required in order for the suspect to be lawfully convicted and sentenced.

Further Guidance

There is no further guidance for this offence.