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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon

 

Wound - Assault Occasioning Actual Bodily Harm - s.59

s.59 Crimes Act - Assault Occasioning Actual Bodily Harm (5 years maximum)

CaseOffencesPleaSentenceAppealRecordFacts

Baugh

(18)

[1999] NSWCCA 131

AOABHVG

3y GBB

(1y 2d PSC)

Crown AA

2 years PD

significantAcquitted of manslaughter - Followed and punched Complainant after C refused to give cigarette – Skull and brain damage after falling upon concrete ground – Kicked by co-offender – C subsequently died

Bloomfield

(34)

[1999] NSWCCA 196

AOABHPG18m PDADDriving, resist arrestDuring argument with daughter punched her 5-6 times in face, pushed her to ground and kicked in stomach – C fell on protruding screw causing bleeding to head – Under influence of alcohol.

Philp

(1999) 108 A Crim R 336

AOABHVG5y GBB

AA

2y 6m GBB

Assault - no previous custody.Slapped female at party causing bruised lip.

Lockyer

(28)

[2000] NSWCCA 336

AOABH

 

Sched:

Possess cannabis

Possess heroin

GIC

PG

MT 2y

AT 8m

AA

20m

NPP 15m

Lengthy - drugs, property, violence - previous custody.With co-accused went to Complainants' house to collect debt from C's girlfriend – Attacked C with piece of wood and kicked to head and body while on floor.

Peres

[2000] NSWCCA 353

AOABHPG

MT 2y

AT 8m

AA

15m

NPP 5m

Larceny and possess prohibited drug

Savage assault on male acquaintance outside hotel – Punched and kicked complainant on ground - Spontaneous response to perceived homosexual advance

Provided most evidence for offence – On bail for 2y without re-offending – Relative youth

Moran

(24)

[2000] NSWCCA 379

AOABHVG9m PD (cumulative on existing sentence)ADViolence.  Previous custody.

Punched spouse in eye and pushed against wall – Caused bruising to cheek, eye and back

Breached bail and AVO.

Howard

(19)

[2000] NSWCCA 378

AOABHPGFT 12mADBES, fraud

With group of co-offenders approached Complainant and friend calling them "faggots" – C punched and fell to ground – Suffered bleeding requiring stitches and broken ankle.

Aboriginality – Deprived background.

Burke

(34)

[2001] NSWCCA 47

AOABHPGFT 12mADDrugs, AR, BES. 

Approached female (39 weeks pregnant) grabbing handbag – Complainant fell to ground suffering abrasions to shoulder and arm.

Drugs – Rehabilitation.

Najjarin

[2001] NSWCCA 46

3 x AOABHVG

12m PD

2y GBB

(concurrent)

Conviction AD Assaulted ex-girlfriend on three occasions – Punched twice and struck with baseball bat on third occasions – Domestic disputes – Serious bruising.

Stebbings

(28)

[2001] NSWCCA 262

AOABH

PG

(5% too low)

4y

NPP 2y

AA

2y 6m

NPP 15m

Violence, property.  Previous custody.Punched de facto wife in face during argument as she was driving car – Caused bruised eye and cheek.

A Mallott

(27)

 

T Mallott

(28)

[2001] NSWCCA 453

AOABHPG

18m

NPP 9m

AA

17m, suspended

Driving, drugs, fraudAssaulted female during domestic type argument – Swelling and bruising to face and neck.

Elijah-Jack

(22)

[2002] NSWCCA 177

AOABH

PG

(25%)

18m

NPP 6m

AA

12m

NPP 3m

NilPunched and hit de facto following argument – Uncharacteristic – Under influence alcohol.

Achurch

[2004] NSWCCA 180

AOABH

PG

(20%)

2y

NPP 18m

AA

12m

NPP 9m 13d

(immediate release)

Lengthy record but no full time custody

Entered caravan of neighbour in early hours of morning – Head butted male and poured beer on male and female – Serious offence

Sentence manifestly excessive

Williams

(44)

(2005) 152 A Crim R 405

AOABHPG

18m

NPP 6m -Parole cond not to consume alcohol

AA in part

15m

NPP 6m

Remove cond against alcohol

Lengthy, including prison

Alcoholic Aboriginal woman stabbed friend during drinking session – no recollection of event – no intention to harm – breached parole by driving unlicensed and MRPCA –attended D&A camp – didn't get on with parole officer

Poor health, including heart disease and kidney malfunction

El Masri

(21)

[2005] NSWCCA 167

AOABHPG300h CSO

AA

100h CSO

No violence

Struck male stranger in head at public toilet – angered by perceived sexual advance

Failure to consider matter could have been dealt with in Local Court

Cotter

(37)

[2005] NSWCCA 187

AOABHVG3y GBBADNil

Slapped de facto wife on face – acquitted of more serious sexual offences

Delay – No error in judge ensuring treatment for psychological and emotional problems continue

Shillingsworth

(34)

[2010] NSWCCA 19

AOABH

Breach DVO

PG

(25%)

3y

NPP 2y 3m

(1y concurrent)

ADExtensive record – breached bail for assaults on same victim

Struck de facto wife while walking home intoxicated – punched and kicked on ground dislodging front teeth – reacted to provocative comment

Aboriginal with low intelligence and disadvantaged background – substance abuse

Markou

[2012] NSWCCA 64

AOABHVG9m ISO

AA

75 CSO

(served 4m ISO)

Record including violence

Punched complainant in nightclub – convicted of AOABH in company at trial for recklessly inflict GBH in company – offence reduced to AOABH on appeal

Unidentified bodily harm – isolated offence - good character

McLaughlin

(51)

[2013] NSWCCA 152

2 x AOABH

Assault

PG

(10%)

Total:

2y 4m

NPP 1y 4m

ADOffensive conduct, assault, ABH.  On bond.

Living with B and V's young child – dragged V from bed causing C to fall and hit jaw on bed causing bleeding to lip and bruising – hit V to side of head near V's eye causing injury.

Breach of bond and AVO imposed only few months earlier in regard to same V.

Pattalis

(26)

[2013] NSWCCA 171

AOABH

PG

(20%)

2y

NPP 1y

ADAssault.

Single punch to V (stranger) outside nightclub – no explanation as to why incident occurred – A was drunk at time and offence out of character – could not recall incident.

Employed – remorse - rehabilitation

McKay

[2014] NSWCCA 187

AOABHVG

4y

NPP 3y

ADAssaultA and V were inmates in goal working in laundry - V saw A spraying some cigarette butts with Mortein and putting dirty underwear in the M's locker, another inmate - V confronted A - in response A  hit V on back of head – as V turned around, A punched V's eye - A holding a sharp object which perforated V's eye - V taken to hospital where eye removed.

Simmons (No.8)

[2015] NSWSC 627

Hamill J

AOABH

PG

(10%)

2y 9m

NPP 2y

Lengthy record – including violenceAssault

Punched and kicked male in domestic fight – motivated by protection of girlfriend and children – victim vulnerable due to ill health – criminality high – initially lied to police blaming girlfriend

Poor prospects of rehabilitation.

Serious example of offence.

Jeremiah

(21)

[2016] NSWCCA 241

AOABH

PG

(10%)

1y 6m

1y NPP 1m

AA

1y 8m

NPP 1y 3m

Assault, Agg enter dwelling house, larceny, B&E, affray, resist police, stalking, robbery in company , AOABH

Assaulted fellow prison inmate  - offence committed in company of four other prisoners – after V assaulted by others, A approached V from behind, pulled V to ground and stomped on V's head - vicious, unprovoked and cowardly attack.

 

CCA: Appeal allowed on basis sentence imposed by SJ was entirely concurrent with sentence for unrelated offences.

Rudolf

(24)

[2016] NSWCCA 313

AOABH

PG

(25%)

2y

NPP 18m

ADCommon assault, larceny, damage property, driving offences.Punched V (male aged 53) to face at hotel – knew V as previous football coach – held a grudge against V - opportunistic and only minimally premeditated – A calmly and deliberately carried out crime – unprovoked – A of large build, much heavier and younger than V.

 

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