What the Police must prove - Assault Occasioning Bodily Harm

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

(1) The accused assaulted the complainant;

Any person who strikes, touches or moves or otherwise applies force of any kind to the person of another, either directly or indirectly, without the person's consent is said to assault that other person

(2) The assault was unlawful, that is not authorised, justified or excused by law;

(3) The accused thereby did the complainant bodily harm; that is, any bodily injury which interferes with health or comfort.

And in the case of Penalty(B), all the above as well as

(1) the accused was, or pretended to be, armed with a dangerous or offensive weapon or instrument; and/or

(2) was in company with one or more other persons.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.