If you have been with an offence involving wounding or the infliction of grievous bodily harm it is vital that you seek legal advice. An experienced criminal lawyer will be able to advise you on how to plead and whether there are defences available, such as duress or self-defence. Contact our expert Assault Lawyers now.
There are a number of different assault offences in NSW. The charge will depend on the severity of the injury that the accused is alleged to have caused.
In NSW common assault is an offence under section 61 of the Crimes Act 1900.
A person may be charged with common assault if they have intentionally or recklessly applied force to another person. They may also be charged with assault if they have intentionally or recklessly caused another person to apprehend immediate and unlawful violence.
In NSW the maximum penalty for common assault is 2 years imprisonment.
You cannot be found guilty of this offence unless the prosecution can prove the following beyond reasonable doubt
If you have been charged with common assault it is vital that you seek legal advice. An experienced assault lawyer will be able to advise you on how to plead and whether there are defences available, such as duress, necessity or self-defence.
In NSW assault occasioning actual bodily harm is an offence under section 59 of the Crimes Act 1900.
The legislation does not provide a specific definition of ‘actual bodily harm’. The courts have decided that the harm caused does not need to be permanent, but it must be more than ‘merely transient and trifling’. This will usually be met when the injury that is alleged to have been inflicted causes actual bodily harm.
The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment, or 7 if the offence is committed in company.
You cannot be found guilty of this offence unless the prosecution can prove the following beyond reasonable doubt
If you have been charged with assault occasioning actual bodily harm it is vital that you seek legal advice. An experienced criminal lawyer will be able to advise you on how to plead and whether there are defences available, such as duress, necessity or self-defence.
Causing grievous bodily harm or wounding to a person is a really serious offence. Penalties can range from 7 – 25 years imprisonment.
There are a variety of different offences that you might be charged with if you are accused of inflicting grievous bodily harm on a person.
The offence you’re charged with will depend on whether the police can prove that you intended to inflict harm on the alleged victim.
Grievous bodily harm is defined in the Crimes Act. It includes:
An injury which breaks the interior layer of the skin (called the dermis) is classified as ‘wounding’ under the law. Merely piercing the top layer of the skin will not amount to ‘wounding’.
Wounding is commonly caused by a weapon (such as a knife), but this is not a requirement under the law.
It is important to note that the legislation contains an ‘alternative verdict’ provision for intent and reckless GBH offences. This means that if the judge or jury acquits you of one offence, they may still find you guilty of another.
For example, if you have been charged with ‘causing grievous bodily harm with intent’ but the jury decides that you did not intend to cause the injury, they have the power to convict you of ‘reckless grievous bodily harm’ instead.
Hamilton Janke Lawyers are one of the top rated Criminal Law Firms in the region. We treat every client with the respect and commitment they deserve. This commitment to our profession has earned us a reputation which we are very proud.
Going to court? Or maybe you just need advice? Contact us now.
