Tuvalu Island Courts Bench Book - Federal Court of Australia

Assault causing actual bodily harm
Section s238 Penal Code (Cap 8)
Description
Every person who assaults another person and causes bodily harm is
guilty of an offence.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The accused used physical force on another person;
• The result of the assault must cause a reasonable injury.
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who used physical force.
Definition of assault
An assault is any act by which a person intentionally causes another
person to apprehend immediate unlawful violence. In this case, the
person assaulted must be injured. This will require medical
evidence to establish actual bodily harm. Bodily harm means any
hurt or injury interfering with the health and comfort of the victim.
A severe punch or some kind of weapon may be involved. The
injury caused need not be severe, but it must be more than just a
bruise or soreness. The skin will be broken, or a bone may be
broken. The context is very important:
• What was the situation?
• Where did the alleged assault occur?
Tuvalu Island Courts Bench Book June 2004