Overview of assault charges

The Crimes Act of 1900 details the various assault offences. An assault is any act by which a person intentionally (or recklessly) causes another person to “apprehend immediate and unlawful violence”: R v Burstow; R v Ireland [1998] 1 AC 147. Therefore, fear is at the centre of an assault.

The suggested direction for an “assault where no physical force is actually applied” is set out by the Judicial Commission NSW (see, https://www.judcom.nsw.gov.au/publications/benchbks/criminal/assault.html) as follows:-

  1. An act by the accused which intentionally, or recklessly, causes another person (the complainant) to apprehend immediate and unlawful violence.
  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 fear that the complainant would then and there be subject to immediate and unlawful violence and none the less went on and took that risk.
  4. That such conduct be without lawful excuse.

The suggested direction for an “assault where physical force is actually applied” is also set out by the Judicial Commission NSW (see, https://www.judcom.nsw.gov.au/publications/benchbks/criminal/assault.html) as follows:-

  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.

Other Common Types of Assault Charges

  • Assault occasioning Actual Bodily Harm
  • Assault occasioning Grievous Bodily Harm
  • Assault Police in Execution of Duty

Plea Options for Assaults

  • Plea of Guilty proceeding to Sentence
  • Not Guilty proceeding to Defended Hearing or Trial

What to do if you are charged with an assault matter?

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