Overview of common and aggravated assault charges

The Crimes Act of 1900 details the various assault offences. Assaults, like Drink Driving Offences, are the most common offences laid before NSW local courts. In NSW, common assault carries a maximum penalty of 2 years imprisonment. In order to be convicted of an assault related offence, the police must prove the four elements of which constitute an assault:

  1. A striking, touching or application of force by the accused to another person (the complainant).
  2. That such conduct of the accused was without the consent of the complainant.
  3. That such conduct was intentional or reckless in the sense that the accused realised that the complainant might be subject to immediate and unlawful violence, however slight as a result of what he or she was about to do, but yet took the risk that that might happen.
  4. That such conduct be without lawful excuse.

Types of Assault charges

  • Common Assault
  • Assault Occasioning Actual Bodily Harm
  • Reckless Wounding
  • Reckless Grievous Bodily Harm
  • Intent To Cause Grievous Bodily Harm
  • Wounding With Intent
  • Causing GBH By Unlawful Or Negligent Act
  • Resisting Police Or Resist Arrest
  • Assault Police In Execution Of Duty
  • Assault Causing Death (One Punch Laws)
  • Aggravated Assault
  • Assault In Self Defence
  • Actual Bodily Harm (ABH)
  • Female Genital Mutilation (FGM)
  • Causing Dog To Inflict GBH Or ABH
  • Manslaughter
  • Murder

Penalties and sentencing for assaults

  • Section 10 – No conviction recorded
  • Section 9 – Good behaviour bond
  • Fine
  • Community service order
  • Section 12 – Suspended sentence
  • Intensive correction order
  • Home detention
  • Prison sentence – maximum penalty of 2 years in NSW

Plea options for assaults

  • Guilty
  • Not Guilty

In the case of pleading not guilty, you must be able prove one of these defences:

  • You were under duress
  • Out of necessity to avoid more dire consequences
  • It was in self-defence

What to do if you are charged with an assault

Martin would advise that if charged with an assault you exercise your right to silence and seek legal advice immediately. Martin also advises that you:

  • DO NOT agree to a search of any kind
  • DO NOT give an interview
  • DO NOT give a statement
  • DO NOT sign anything
  • DO NOT go on video camera
  • DO NOT agree to a forensic procedure
  • DO NOT agree to a line-up