Assault offences are taken very seriously within the NSW legal system. If you have been charged with an assault offence, contacting an experienced lawyer will prove imperative to achieving the best possible outcome for your case.
The team here at Hamilton Janke lawyers are experts in assault offences, including assault occasioning actual bodily harm and assault causing grievous bodily harm, and can provide advice and support to assist you in getting your best result.
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.
Conduct that may amount to a common assault include:
You cannot be found guilty of this offence unless the prosecution can prove the following beyond reasonable doubt
One defence against a charge of assault is an argument of self-defence. This requires you to satisfy the court that you believed your actions were necessary to defend yourself or another person. You must also show that your actions were a reasonable response in the circumstances as you perceived them, and were not unreasonable or excessive.
Other potential defences include duress and necessity. Duress denotes a situation where you have been threatened or intimidated to commit a crime against your will. The defence of necessity operates where circumstances are such that the accused is induced to break the law in order to avoid even more serious consequences.
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 following injuries may amount to 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.
In New South Wales, grievous bodily harm is defined under Section 33 of the Crime Act 1900. Grievous bodily harm means really serious bodily injury, that results in any permanent or serious disfiguring of the person. If the harm is not considered to be grievous then the harm is actual bodily harm.
The difference offences under Assault causing grievous bodily harm or wounding include:
Grievous bodily harm is defined in the Crimes Act 1900. 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 grievous bodily harm 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.
If you, or someone you know, have been charged with assault, contact the team at Hamilton Janke Lawyers for experienced advice on every step of the process. Contact our expert Criminal Lawyers now
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.
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