Sydney Assault Lawyers

Common assault is a criminal offence under section 61 of the Crimes Act 1900 (NSW). An assault may be established either by physical contact (sometimes referred to as battery), or by conduct that intentionally or recklessly causes another person to fear immediate and unlawful violence.

To secure a conviction for common assault, the prosecution must prove beyond reasonable doubt that:

1. That you caused another person to fear immediate and unlawful violence, or that you made physical contact with another person, and
2. That the other person did not consent, and
3. That your actions were intentional or reckless.

Common assault is one of the most frequently prosecuted offences in New South Wales. The offence carries a maximum penalty of two years’ imprisonment, although the penalty imposed will depend on the circumstances of the offence and the offender.

Assault occasioning actual bodily harm is a criminal offence under section 59 Crimes Act 1900 (NSW). To be found guilty of this offence, the assault must result in an injury to the victim.

The Crimes Act does not define ‘actual bodily harm’; however, the New South Wales Court of Criminal Appeal has held that the typical examples of injuries that are capable of amounting to actual bodily harm include scratches and bruises.

Assault occasioning actual bodily harm attracts a maximum penalty of 5 years imprisonment, or 7 years if committed in company.

Recklessly cause grievous bodily harm or wounding is a criminal offence under section 35 Crimes Act 1900 (NSW).

This type of offending is divided into four categories of offences:

1. Reckless wounding
2. Reckless wounding in company
3. Recklessly causing grievous bodily harm
4. Recklessly causing grievous bodily harm in company.

The law defines “grievous bodily harm” to include any permanent or serious disfiguring of the person, the destruction of a foetus, and any grievous bodily disease.

“Wounding” is not defined in the Crimes Act. It has been defined at common law to involve the breaking of the skin

Generally speaking, the seriousness of the offence will significantly depend upon the seriousness of the wounding. However, the injury inflicted is not the only factor in determining the seriousness of an offence, the nature of the attack and surrounding circumstances are also highly relevant.

Wounding or causing grievous bodily harm with intent is a serious indictable offence under section 33 of the Crimes Act 1900 (NSW). The offence carries a maximum penalty of 25 years imprisonment.

Grievous bodily harm (GBH) is defined as really serious harm and includes:

1. Permanent or serious disfigurement,
2. The destruction of a foetus other than by lawful medical procedure, and,
3. A grievous bodily disease.

To establish an offence under section 33, the prosecution must prove beyond reasonable doubt that the accused caused a wound or inflicted grievous bodily harm on another person, and that this was done with intent. This requires proof that the accused intended to cause harm of that seriousness and foresaw that their actions would result in the injury sustained.

The sentence ultimately imposed will depend on the specific facts and circumstances of the case, including the degree of violence used and the nature and extent of the injuries. In some cases, proving intent can be challenging for the prosecution, particularly where intoxication or other factors are relevant. Where intention cannot be established, the charge may be reduced to the lesser offence of recklessly causing grievous bodily harm or wounding.

Assaulting a law enforcement officer, including police officers and certain law-enforcement officers is a criminal offence under the Crimes Act 1900 (NSW). These offences are primarily governed by sections 60 and 60A and can carry significant penalties.

The maximum penalties vary depending on the nature of the conduct and the harm caused. The offences and applicable maximum penalties include:

1. Assaulting a law enforcement officer (non-police): up to 5 years imprisonment
2. Assaulting a police officer: up to 5 years imprisonment
3. Assault causing actual bodily harm: up to 7 years imprisonment, or 9 years if committed during a public disorder
4. Recklessly wounding or causing grievous bodily harm: up to 12 years imprisonment, or 14 years if committed during a public disorder.

The Crimes Act 1900 (NSW) also extends protection to persons assisting police, with assaults against such individuals dealt with under section 60AB. Whether an offence is established, and the penalty ultimately imposed, will depend on the specific facts of the case, including the degree of force used, the level of injury caused, and the surrounding circumstances.

For an offence of assaulting a police officer to be established, the prosecution must prove that the officer was acting in the execution of their lawful duty. Where a police officer acts outside the scope of their lawful duties, an essential element of the offence is missing and the charge will fail.

There is no separate criminal offence of “domestic violence” in New South Wales. The term is commonly used to describe situations where police have laid criminal charges and/or applied for Apprehended Violence Orders (AVOs) following allegations of violence, intimidation, stalking, or harassment between people in a domestic relationship.

A domestic relationship, as defined under the Crimes (Domestic and Personal Violence) Act 2007 (NSW), includes relationships such as spouses and former spouses, de facto partners, intimate personal relationships, people living together, carers, and relatives. Where an alleged offence occurs within such a relationship, the matter is treated as a domestic violence related offence, which can affect how it is investigated, prosecuted, and sentenced.

An Apprehended Violence Order (AVO) is a civil court order that restricts a person (the defendant) from engaging in specified conduct towards another person (the protected person). An AVO may be made on a provisional basis by police, an interim basis while court proceedings are ongoing, or on a final basis at the conclusion of the matter. All AVOs include mandatory conditions prohibiting assault, stalking, harassment, intimidation, damage to property, or harm to animals belonging to the protected person, and may include additional conditions such as no contact conditions.

While an AVO itself is not a criminal offence, knowingly breaching an AVO is a criminal offence and carries a maximum penalty of two years’ imprisonment and/or a fine of 50 penalty units. Although a breach does not automatically result in full-time imprisonment, the court must consider a custodial sentence where the breach involves violence or where the accused has a history of domestic violence offences.