You will be charged with Common Assault if police believe you have intentionally or recklessly caused another person to apprehend immediate and unlawful violence. The allegation can relate to a non physical or physical act.

It is worth noting that the prosecution do not allege any injuries with this particular assault offence.

Common Assault is a criminal offence pursuant to section 61 Crimes Act 1900 (NSW).

The maximum penalty for the offence is 2 years imprisonment and/or $5,500 fine.

Where there is physical force alleged:
‍

The prosecution are to prove beyond reasonable doubt the following elements:

1. You struck, touched or applied force on another person;

2. That conduct was without consent; 

3. The conduct by you was intentional or reckless;

4. You acted without lawful excuse.

Where there is no physical force alleged
:

The prosecution are to prove beyond reasonable doubt the following elements:

1. You acted in a way that caused the other person to apprehend immediate and unlawful violence;

2. That conduct was without consent; 

3. The conduct by you was intentional or reckless;

4. You acted without lawful excuse.

Defences

1. False allegations were made against you;

2. You acted in self defence;

3. You didn’t intend to assault the other person, nor did you realise the possibility of inflicting harm;

4. Duress or necessity.

This offence is dealt with in the Local Court.

‍25% Utilitarian Discount

‍You will receive a mandatory 25% discount on sentence if you plead guilty at the earliest opportunity.  If a plea of guilty is entered at a later stage, you may still receive some discount depending on the timing of the plea.

It is essential to get expert legal advice before entering a plea to this offence. Feel free to contact our team to arrange a free consultation to discuss the circumstances of your particular case.

It is an offence under section 59 of the Crimes Act 1900 (NSW) to intentionally or recklessly cause actual bodily harm to another person.

The maximum penalty for the offence is 5 years imprisonment.

In order to prove the offence against you, the prosecution are to prove beyond reasonable doubt the following elements:

1. You assaulted a person;

2. As a result of that act, that person sustained actual bodily harm.

When it comes to ‘actual bodily harm’, the injury sustained has to be more than merely transient or trifling. Examples of the injury include scratches, bruising and cuts.

Defences

1. False allegations were made against you;

2. You acted in self defence;

3. You didn’t intend to assault the other person, nor did you realise the possibility of inflicting harm;

4. You did not cause the actual bodily harm;

5. The injury does not amount to actual bodily harm;

6. Duress or necessity.

This offence is dealt with in the Local Court.

‍25% Utilitarian Discount

‍Where a person enters a Plea of Guilty at the earliest opportunity, the court allows for a mandatory 25% discount on your sentence.

Call our expert legal team today to discuss your charge with an expert lawyer.

Section 33 of the Crimes Act 1900 (NSW) relates to Grievous Bodily Harm and Wounding offences with intent.

Where the act is reckless, as opposed to intentional, you will be charged under Section 35 of the Crimes Act 1900 (NSW).

The maximum penalties for wounding and grievous bodily harm offences range between 10 to 25 years imprisonment depending on the seriousness.

Grievous Bodily Harm relates to ‘permanent or serious disfigurement of a person, termination of a woman’s pregnancy or causing a person to contract a grievous bodily disease.Wounding relates to the breaking of more than just the top layer of skin.

In relation to Grievous Bodily Harm or wounding with intent:
‍

The prosecution are to prove beyond reasonable doubt the following elements:

1. You engaged in conduct;

2. That caused an injury to a person involving the cutting or breaking of the interior layer of the skin (eg split lip or broken bone); and

3. You intended to cause that injury on the person.

In relation to reckless grievous bodily harm or wounding:
‍

The prosecution are to prove beyond reasonable doubt the following elements:

1. You engaged in conduct;

2. That caused a serious injury including permanent or serious disfiguring, or the cutting of the interior layer of the skin;

3. You knew or should have known at the time that the kind of physical harm done might be caused by that conduct. 

Defences

1. False allegations were made against you;

2. You acted in self defence;

3. The injury does not amount to grievous bodily harm or wounding;

4. You did not intentionally cause the injury;

5. You didn’t know and didn’t realise that your actions might cause harm to another;

6. There was another intervening event that caused the injury instead;

7. Duress or necessity.

It is important to speak with a lawyer who specialises in criminal law prior to deciding the appropriate plea to be entered.

This is because serious penalties can be imposed by the court, including a serious risk of imprisonment on conviction.

‍25% Utilitarian Discount

‍You will receive a mandatory 25% discount on sentence if you plead guilty at the earliest opportunity.  If a plea of guilty is entered at a later stage, you may still receive some discount depending on the timing of the plea.