Legal Research

Wound - Assault Occasioning Actual Bodily Harm - s.59

This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

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

CaseOffencesPleaSentenceAppealRecordFacts

Baugh
(18)
NSW CCA [131]
27.5.1999

AOABH

VG

3y GBB
(1y 2d PSC)

Crown AA
2 years PD

significant

Acquitted 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)
NSW CCA [196]
21.7.1999

AOABH

PG

18m PD

AD

Driving, resist arrest

During 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
NSW CCA [253]
16.8.1999

AOABH

VG

5y GBB

AA
2y 6m GBB

Assault - no previous custody.

Slapped female at party causing bruised lip.

Lockyer
(28)
NSW CCA [336]
14.7.2000

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
NSW CCA [353]
7.8.2000

AOABH

PG

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)
NSW CCA [379]
7.8.2000

AOABH

VG

9m PD (cumulative on existing sentence)

AD

Violence. Previous custody.

Punched spouse in eye and pushed against wall - Caused bruising to cheek, eye and back
Breached bail and AVO.

Howard
(19)
NSW CCA [378]
11.8.2000

AOABH

PG

FT 12m

AD

BES, 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)
NSW CCA [47]
20.2.2001

AOABH

PG

FT 12m

AD

Drugs, AR, BES.

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

Najjarin
NSW CCA [46]
1.3.2001

3 x AOABH

VG

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)
NSW CCA [262]
2.7.2001

AOABH

PG

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)
NSW CCA [453]
10.9.2001

AOABH

PG

18m
NPP 9m

AA
17m, suspended

Driving, drugs, fraud

Assaulted female during domestic type argument - Swelling and bruising to face and neck.

Elijah-Jack
(22)
NSW CCA [177]
16.5.2002

AOABH

PG

18m
NPP 6m

AA
12m
NPP 3m

Nil

Punched and hit de facto following argument - Uncharacteristic - Under influence alcohol.

Achurch
NSW CCA [180]
9.6.2004

AOABH

PG

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)
NSWCCA [100]
24.3.2005

AOABH

PG

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)
NSW CCA [167]
29.4.2005

AOABH

PG

300h 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)
NSW CCA [187]
6.5.2005

AOABH

VG

3y GBB

AD

Nil

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)
NSW CCA [19]
10.3.2010

AOABH
Breach DVO

PG

3y
NPP 2y 3m
(1y concurrent)

AD

Extensive 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

NSWCCA [64]

22.4.2012

AOABH

  VG

9m 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)

NSW CCA [152]

3.7.2013

2 x AOABHAssault

  PG

Total:

2y 4m

NPP 1y 4m

  AD

Offensive 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)

NSWCCA [171]

24.7.2013

AOABH

PG 

2yNPP 1y

  AD

Assault.

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

  AOABH

 VG

4y

NPP 3y

 AD

Assault

A 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