MAN CHARGED WITH ASSAULT OCCASIONING ACTUAL BODILY HARM AFTER SYDNEY AIRPORT INCIDENT
A 27 year old Indian national has been charged with the criminal offences of assault occasioning actual bodily harm and entering an airside security area without permission after an incident at Sydney Airport in which the man is alleged to have forced his way onto an aircraft and assaulted a security officer.
During the incident, which occurred on 28 October 2024, the man is alleged to have forced open an aerobridge door and boarded the plane, before he was confronted by the flight crew, left the plane and allegedly assaulted the security officer. The officer was made unconscious.
The alleged offender was later charged by Federal officers and appeared at Downing Local Court on 4 December 2024, where he sought to have the matter adjourned for two weeks so that he can gather material to have the charge dealt with under Section 14 of the Mental Health Act. The Act allows a magistrate to dispense with a matter without punishment if the person is found to have been suffering from a mental or cognitive impairment. The person is often ordered to attend treatment. The defendant will reappear before the court for the application on 20 December 2024.
AFP Officers provide security at nine major airports around Australia. AFP Detective Inspector Dom Stephenson stated that there is no tolerance for violence or abusive behaviour at airports and that officers will continue to intervene against aggressive or violent behaviour.
WHAT IS ASSAULT OCCASIONING ACTUAL BODILY HARM?
The offence of Assault Occasioning Actual Bodily Harm is defined in Section 59 of the Crimes Act 1900 (NSW) as an assault which involves the infliction of actual bodily harm.
Assault Occasioning Actual Bodily Harm is considered to be a more significant offence than common assault and, as such, an offender may be liable to a more severe penalty if convicted.
If you have been charged with the offence of assault occasioning actual bodily harm, contact our expert specialised criminal lawyers immediately so that we may secure the best outcome for you.
WHAT IS ACTUAL BODILY HARM?
The legislation does not define the term ‘actual bodily harm’, although the Court stated in in the case of R v Donovan [1934] 2 KB 498, that the injury does not need to be permanent, but “must be more than merely transient or trifling.” In the case of Wayne v Boldiston (1992), Mildren J stated that the assessment of bodily harm is a matter of degree and can only be judged on the facts of each case. Examples of bodily harm include bruises, scratches, cuts, grazes and swelling.
PENALTIES FOR THE OFFENCE OF ASSAULT OCCASIONING ACTUAL BODILY HARM
The maximum term of imprisonment if convicted of the offence of Assault Occasioning Actual Bodily Harm is 5 years imprisonment. Other potential penalties include fines, good behaviour bonds, community service and imprisonment. If convicted of committing the offence of assault occasioning actual bodily harm in the company of another person or persons, the maximum term is 7 years imprisonment.
The specific penalties imposed may vary based on factors such as the severity of the harm, the presence of any aggravating factors, and the defendant’s criminal history.
POSSIBLE DEFENCES TO THE OFFENCE OF ASSAULT OCCASIONING ACTUAL BODILY HARM
There are numerous defences available to the offence of assault occasioning actual bodily harm, depending on the nature, facts and circumstances of the alleged case. Some of the main defences include that the injury did not amount to ‘actual bodily harm’, that the alleged assault had been committed in self-defence or that the alleged assault had been committed under duress.
OUR PROVEN RESULTS
Our leading criminal lawyers at Criminal Lawyers Group have secured our clients outstanding results, including a good behaviour bond for a man who pled guilty to committing the offence of assault occasioning actual bodily harm against his wife’s lover. Our expert criminal lawyers have also secured an exceptional rate of not guilty verdicts for clients who have decided to fight the charge, and have often secured the withdrawal of charges.
CONTACT US NOW
If you have been charged with Assault Occasioning Actual Bodily Harm, contact our expert specialised criminal lawyers immediately for a free consultation so that we may secure the best outcome.