Assault Occasioning Bodily Harm (AOBH) is a mid-tier violent offence in Western Australia, governed by Section 317 of the Criminal Code Act Compilation Act 1913. It is more serious than “Common Assault” because it requires proof of an actual physical injury, yet it is less severe than “Grievous Bodily Harm” (GBH), which involves permanent or life-threatening damage.
What Qualifies as “Bodily Harm”?
In WA, the legal threshold for “bodily harm” is lower than many people expect. It is defined as any bodily injury that interferes with a person’s health or comfort.
You do not need to break a bone or cause a permanent scar to be charged with AOBH. The prosecution can satisfy this element by proving:
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Bruising or significant swelling
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Lacerations or abrasions (even if they don’t require stitches)
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A “black eye” or temporary loss of consciousness
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Psychological harm (in specific circumstances where it results in a clinical condition)
Note: Pain alone, without a physical manifestation of injury, is generally insufficient for AOBH and may be downgraded to Common Assault.
Penalties and Court Jurisdictions (2026)
AOBH is an “either way” offence, meaning it can be heard in the Magistrates Court (summary) or the District Court (indictable), depending on the severity and the prosecutor’s election.
| Court | Maximum Prison Term | Maximum Fine |
| Magistrates Court (Standard) | 2 Years | $24,000+ |
| Magistrates Court (Aggravated) | 3 Years | $36,000+ |
| District Court (Standard) | 5 Years | Discretionary |
| District Court (Aggravated) | 7 Years | Discretionary |
Circumstances of Aggravation
A “Circumstance of Aggravation” increases the maximum penalty. Common factors include:
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The victim is in a family/domestic relationship with the offender.
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A child was present during the assault.
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The victim is 60 years of age or older.
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The offender was in company with others (acting in a group).
What the Prosecution Must Prove
To secure a conviction, the police must prove three elements beyond a reasonable doubt:
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Assault: You applied force, or threatened to apply force, to another person.
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Unlawfulness: The act was not authorised or justified (e.g., it wasn’t self-defence).
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Causation of Harm: The victim suffered an injury meeting the definition of “bodily harm” as a direct result of your actions.
CRITICAL FACT: The prosecution does not need to prove you intended to cause the injury. They only need to prove you intended to commit the assault that led to the injury.
Common Legal Defences
If you are charged with AOBH in Western Australia, your legal strategy may involve one of the following:
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Self-Defence (Section 248): You used force that was “reasonable and necessary” to defend yourself or another person from an unprovoked attack.
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Accident (Section 23B): The injury was an event that occurred by accident and was not intended or reasonably foreseeable.
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Identification: Challenging the police evidence that you were the person who struck the blow (common in pub brawls or group altercations).
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Consent (Sporting Exceptions): Physical contact during a sanctioned sporting event (e.g., a football match) is generally protected, provided the force was within the rules of the game.
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No Bodily Harm: Arguing that the injury was so minor it did not interfere with the victim’s “health or comfort,” potentially leading to a downgrade to Common Assault.
Why Immediate Legal Advice is Vital
A conviction for AOBH results in a permanent criminal record, which can end careers in security, health, or childcare. Because AOBH is often a “mandatory” charge in domestic incidents, even a first-time offender can face significant social and legal consequences.
An experienced lawyer can often negotiate with the prosecution to have the charge downgraded to Common Assault or argue for a Spent Conviction Order, which allows you to keep your criminal record clean for employment purposes.