We are the leading criminal lawyers for fighting assault and other violent offences, including domestic violence allegations.
Read more about our assault lawyers here, or keep reading to learn about the different types of assault prosecuted by NSW Police.
Common assault
Common assault is the intentional or reckless application of force to another. It does not require injury and can extend to the merest application of any degree of force.
The maximum penalty for common assault is two years imprisonment.
Assault occasioning actual bodily harm
Assault occasioning actual harm is the intentional or reckless application of force to another where an injury amounting to ‘actual bodily harm’ is occasioned.
Actual bodily harm includes any hurt or injury that interferes with the health or comfort of a person. Such injury need not be permanent but must be more than merely transient or trifling.
The maximum penalty for assault occasioning actual bodily harm is 5 years imprisonment.
Assaults involving wounding
Wounding is defined as the cutting of the interior layer of the skin, the dermis. A cut to the epidermis is insufficient. A wound may be inflicted by a fist and does not require the use of a weapon, which is a common misconception.
The maximum penalties for wounding offences range from 7 to 25 years, depending on the intent of the person who inflicted the wound.
Assaults involving grievous bodily harm
Grievous bodily harm is a “really serious” injury but does not require that the injury be permanent or that the consequences of the injury are long-lasting or life-threatening. It includes:
- Any permanent or serious disfiguring of the person.
- The destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm.
- Any grievous bodily disease (for example, knowingly transmitting a disease like AIDS).
The maximum penalties for grievous bodily harm offences range from 10 to 25 years, depending on the intent of the person who inflicted the wound.
Murder
Murder is committed where an act or omission causes death, either:
- With intent to kill or inflict grievous bodily harm (really serious harm); or
- With reckless indifference to human life (you did an act foreseeing that it is probable – as distinct from possible – that death would result from that act); or
- The death occurred while you were committing an offence, which is punishable by 25 years to life imprisonment.
The maximum penalty for murder is life imprisonment.
Defence to assaults
Defence for assaults include:
- Identification, which is where you do not challenge that an assault occurred but your defence is that it was committed by someone else.
- No assault occurred, which is where you deny that any assault occurred and includes where your case is that you were the victim.
- Self-defence is where you believe your conduct was necessary in order to defend yourself, someone else, or your property, and that response was reasonable in the circumstances as you perceived them.
- Duress, which is where your actions were performed because of threats (express or implied) of death or really serious injury.
- Necessity, which is where circumstances (natural or human threats) bear upon you to such an extent that they induce you to break the law, as the consequences of not doing so would be even more dire.
Contact an Assault Lawyer
For your free first conference, call the criminal lawyers at Australian Criminal Law Group on (02) 8815 8167 or submit a website enquiry.