Common assault can be found under s61 of the Crimes Act 190 (NSW). It is a form of assault where there is no actual injury to the victim, or the injuries are transient. It can include acts such as a threat of violence, spitting at another person, or pushing an object that someone is on causing them to fall.
Assault Occasioning Actual Bodily Harm (ABH) is found under s59 of the Crimes Act 1900 (NSW). It involves the affliction of actual bodily harm, and is more serious than common assault. Actual Bodily Harm has not been defined within the legislation, however cases have defined the term to mean injuries that are more than merely transient or trifling. It can include the following:
The maximum penalty that applies is 5 years imprisonment or a fine of $5,500, though most cases are heard in the Local Courts, meaning the maximum sentence imposed is 2 years imprisonment.
Wounding is an offence under s35 of the Crimes Act 1900 (NSW). Wounding will occur when the layers of the skin (dermis and epidermis) are broken, and a charge can result from something seemingly as small as a split lip. The maximum penalty for wounding is 7 years imprisonment, or 10 years if committed in company with another person.
Assault Occasioning Grievous bodily harm (GBH) are offences under s33 (intentionally cause), s35 (recklessly cause), and s54 (unlawful or negligent act) of the Crimes Act 1900 (NSW). GBH offences are the most serious of assault charges and refers to any injuries that are serious or permanent. The maximum penalty for grievous bodily harm is 25 years imprisonment. It can include offences such as intentionally transferring a grievous bodily disease such as AIDs, serious bone breaks, or attacking someone with a broken glass bottle.
Self-defence is a possible defence to grievous bodily harm. The accused must believe that their conduct was necessary to defend themselves, and the act itself must be a reasonable response in the circumstances as they perceived them. For example, if someone were to throw a pillow at you, it would not be reasonable to throw a large stone at their head.
Another defence is that the injury does not amount to grievous bodily harm – see for example Swan v R [2016] NSWCCA 79 where a group attacked the victim by kicking him, punching him, hitting him with a cricket bat, and breaking a guitar over his head – the victim had to stay in hospital for two days and suffered from a great amount of pain and struggled to walk for several weeks – however, the injury was not permanent, he did not require surgery, and despite having what was classed as a ‘broken back, his Doctor described the injury was minor. The Court decided that the finding of GBH was not appropriate, and instead replaced the GBH conviction to one of Actual Bodily Harm.
Strangulation is an offence under s 37 of the Crimes Act 1900 (NSW) – If found guilty, an accused person could go to prison for a maximum of 5 years.
Affray is an offence under s93C of the Crimes Act 1900 (NSW). An accused person will be guilty of affray if they use or threaten to use unlawful violence in either a private or public place, and that behaviour would cause a person of reasonable firmness to fear for their personal safety.
Being convicted of assault of any kind can have serious consequences for an individual, including a criminal conviction or imprisonment.
Our team of lawyers are dedicated to ensuring that our clients get the best and fairest outcome. If you’ve been charged with assault, call us today to have a chat with one of our dedicated criminal lawyers who will advise you on your best steps to take.
“I would highly recommend Ted Neaves and his team… The service and support is second to None.”
“Ted provides professional, astute legal advice with care and consideration. He prepares for his matters thoroughly with the client always coming first.”
“I was on my Red Ps when I was charged with low range drink driving. I walked out of Court with a non-conviction and I kept my driver licence! I was over the moon. Highly recommended.”
“A personal thanks to Ted. Nice guy, great service! Highly recommended.”
“Great service. Always available to provide assistance when required.”
"Efficient, reliable service. Highly recommended."
"Ted was professional, understanding and explained the criminal law & court process. I could not be happier with the outcome & would highly recommend him to anyone."
"A very positive attitude to my case. Exceptional communication and a very professional approach. Highly recommend."
"Ted helped me with two different cases. He is very professional and definitely someone you can count on when you are looking for genuine advice. Very happy with his work and I will definitely refer to him in the future."
"I was charged with drug possession. Ted secured me a non-conviction. The advice I was given was honest and concise"