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What is Assault?
Assault is one of the most prosecuted criminal offences in New South Wales. An assault charge can arise from a wide range of situations, including arguments, fights, domestic incidents, incidents involving police, or disputes in public places.
Many people are surprised to learn that an assault does not always involve a physical injury. Under NSW law, a person may commit an assault by intentionally or recklessly causing another person to fear immediate and unlawful violence, even where no physical contact occurs.
There are a number of assault offences under the Crimes Act 1900 (NSW), each carrying different legal elements and maximum penalties. The most common offences include:
- Common Assault
- Assault Occasioning Actual Bodily Harm (AOABH)
Other assault offences include:
- Assault Occasioning Grievous Bodily Harm
- Recklessly Causing Grievous Bodily Harm
- Wounding or Causing Grievous Bodily Harm with Intent
- Assault with Intent to Commit a Serious Indictable Offence
- Assault Causing Death
- Assault Police and Other Public Officials
The appropriate charge will depend on the circumstances of the incident, the nature of any injuries, and the evidence available to police.
Common Assault
Common Assault is an offence under section 61 of the Crimes Act 1900 (NSW).
A person commits Common Assault where they intentionally or recklessly:
- apply unlawful force to another person without their consent; or
- cause another person to apprehend immediate and unlawful violence, without lawful excuse.
Importantly, physical contact is not always required. For example, threatening behaviour that causes another person to reasonably fear immediate violence may amount to Common Assault.
The prosecution must prove each element of the offence beyond reasonable doubt before a person can be found guilty.
The maximum penalty for Common Assault is 2 years’ imprisonment and/or a fine of $5,500.
Assault Occasioning Actual Bodily Harm
Assault Occasioning Actual Bodily Harm (AOABH) is an offence under section 59 of the Crimes Act 1900 (NSW).
A person commits this offence where they assault another person and, in doing so, cause actual bodily harm.
“Actual bodily harm” means an injury that is more than merely transient or trifling. It may include injuries such as bruising, swelling, cuts, black eyes etc.
Whether an injury amounts to actual bodily harm will depend on the particular circumstances of each case.
The maximum penalty for Assault Occasioning Actual Bodily Harm is 5 years’ imprisonment, or 7 years’ imprisonment where the offence is committed in company with another person.
Possible Defences to an Assault Charge
Being charged with assault does not automatically mean you will be found guilty. Depending on the circumstances, a number of legal defences may be available, including:
- Self-defence.
- The assault was accidental and not intentional or reckless.
- The prosecution cannot prove the offence beyond reasonable doubt.
- The alleged assault did not occur.
- Identification is in dispute.
- The conduct was carried out with lawful excuse or lawful authority.
Every case is different, and the availability of a defence will depend on the evidence
What Happens if You Are Charged?
If you are charged with an assault offence, you will generally be required to appear before the Local Court. Depending on the seriousness of the allegation, your matter may remain in the Local Court or proceed to the District Court.
If you plead guilty, the Court will consider a range of factors when determining the appropriate penalty, including:
- the seriousness of the offence;
- your personal circumstances;
- any criminal history;
- whether you accepted responsibility at an early stage;
- any remorse shown;
- rehabilitation efforts
- any other factors the court wishes to take into account.
Penalties for assault/offences can range from a Section 10 dismissal, Conditional Release Order with or without conviction through to fines, Community Correction Orders, Intensive Correction Orders, and imprisonment, depending on the offence and the offenders circumstances.
How We Can Help
If you have been charged with an assault offence in New South Wales, obtaining legal advice as early as possible can make a significant difference to the outcome of your case.
At Istifan Defence Lawyers we provide practical, strategic advice from the outset, including reviewing the evidence, advising on available defences, negotiating with police where appropriate, and representing clients in court. Whether you intend to plead guilty or not guilty, we will work to achieve the best possible outcome based on your individual circumstances.