Being charged with Assault Occasioning Bodily Harm in Queensland under s339

What should I do?

Being charged with AOBH is a significant escalation from common assault. You should:

1. Strictly remain silent: Do not talk to police. They will often use photos of injuries to pressure you into a confession. Avoid social media posts about the incident.
2. Appoint an experienced criminal lawyer: AOBH charges often turn on the medical definition of the injury. Your lawyer can review the medical reports for weaknesses.
3. Gather witness details: If there were people present who saw the lead-up to the incident, their testimony regarding provocation or self-defence is vital.
4. Prepare for a possible transfer to the District Court: While many AOBH matters stay in the Magistrates Court, serious cases or those where you plead ‘Not Guilty’ may be transferred to a higher court.

What does it mean?

Under Section 339 of the Criminal Code 1899 (Qld), an assault is “occasioning bodily harm” if it results in any bodily injury that interferes with health or comfort.¹

Common examples of “bodily harm” include:

• Bruising, swelling, or black eyes.
• Minor cuts or abrasions.
• Concussions or temporary loss of consciousness.
• Broken teeth or nose.

If the assault was committed while armed with a weapon or in company with others, the charge is “Aggravated AOBH,” which carries even heavier penalties.²

What are the penalties?

AOBH is an “indictable offence” that can often be dealt with summarily (in the Magistrates Court).

• Standard Max Penalty: 7 years imprisonment.³
• Aggravated Max Penalty: 10 years imprisonment (if armed or in company).⁴

For a first offence, the focus of the court is often on rehabilitation, compensation to the victim, and community-based orders. However, if there is a history of violence or the injury was particularly severe, a term of actual imprisonment is a real possibility.

A criminal conviction for AOBH can prevent you from working in certain industries (like security, nursing, or teaching) and may complicate international travel (particularly to the USA).

Protect your future. Contact Bell & Senior today for strategic advice on your AOBH charge.