Within NSW there are various types of assaults that can occur and a defendant can be charged with.

The most common types are: Common Assault, Assault Occasioning Actual Bodily harm; however there are other assault offences such as but not limited to: Assault occasioning Grievous Bodily Harm, Assault with intent to commit serious indictable offence, Assault causing death.

Common Assault

Common Assault is contained within Section 61 of the Crimes Act 1900, occurs where a person acts or omits to act in a way that has intentionally or recklessly caused another person to apprehend immediate and unlawful violence (this can be physical and no physical), the act or omission was done without consent or lawful excuse.

The maximum penalty for common Assault is 2 years imprisonment and a fine of $5500.

Assault Occasioning Actual Bodily harm

Assault occasioning Actual bodily harm is contained within section 59 of the Crimes Act 1900, occurs where person assaults someone and in doing do occasions actual bodily harm to victim.

Actual bodily harm needs to be more than transient or trifling.

The maximum penalty for Assault occasioning Actual bodily harm is 5 years imprisonment.

It is important you get in touch with a lawyer as soon as possible if charged with an Assault offence to ensure you achieve the best possible outcome.