Things about the Assaults

Being charged with an Assault charge in NSW can have devastating consequences on a person employment and travel privileges. Assault charges are serious offences that can affect a defendant in serious and unique ways.

Assault charges can arise in several differing circumstances and each case deserves a specialized and focused approach. The Crimes Act 1900 is the Act which sets out the laws which apply in NSW. Suffice to say it is a complex set of laws.

What is an Assault?

Assault is an act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence. It is not always the violence itself, but the actual fear of that violence which is the crux of the offence of assault.

Types of Assault

Assaults are divided into – “common assaults” and “aggravated assaults”.

Common Assault

·     Common assault is found under s 61 of the Crimes Act 1900 (NSW) and are usually dealt with by a Local Court; however, the prosecution can elect to have them dealt with in the District Court.

·      An assault is a Common Assault when it results in no injury, or in injuries that are not serious or require very little medical treatment. Common assaults can also include threats of violence, if the person making the threat has the ability to carry them out.

In New South Wales, common assault carries a maximum sentence of two years imprisonment.

Assault Police or other officer

·     If you assaulted a victim and that victim was a police officer, or a peace officer, customs house officer, sheriff’s officer, prison officer or bailiff; AND the assault occurred while the victim was acting in the execution of his/her duty you will unless you have a valid defence, be guilty of Assault Officer.

Aggravated Assault

·    Aggravated assault is a term used to cover a range of more serious assault offences. Sections 32 to 54 of the Crimes Act 1900 (NSW) deal with most of the aggravated assault offences. These assaults are categorised by the degree of injury that is caused.

Actual bodily harm

·      Assault occasioning actual bodily harm is dealt with in s 59 of the Crimes Act 1900. What constitutes “actual bodily harm” has been decided by the courts in case law. It includes any hurt or injury that interferes with the health or comfort of the person assaulted. It can also include a recognisable psychiatric illness, such as a severe depressive illness or anxiety disorder that is caused by the assault. As with common assault, the prosecution can elect to have it dealt with in the District Court. It carries a maximum penalty of 7 years in prison.

Grievous bodily harm

·     In New South Wales, the offences relating to grievous bodily harm and wounding and the penalties that they carry are set out in the Crimes Act 1900 between sections 33 and 54. The word grievous means really serious, but the injury does not need to be permanent, or long lasting or life threatening.

Wounding

·       Wounding is dealt with in section 33 or section 35 of the Crimes Act 1900. Wounding means that more than just the top layer of skin is broken.

There are several other offences around assault, including:

·         Assault causing death.

·         Assault causing death when intoxicated.

·         Assaults at schools.

·         Sexual assault

·         Aggravated sexual assault.

·         Indecent assault charges.

·         Kidnapping – Detaining A Person Without Consent.

·         New one punch laws.

Defences for Assault

Alibi

·         At the time the offence was being committed you were somewhere else and therefore could not have committed the offence.

Consent Defence

·         Some actions if there is consent (such as in the playing of sports may exist).

Duress

·         If you were compelled to act in a certain way due to the circumstances, or the threats of another you may be able to argue- Duress.

Lawful Excuse Defence

·         Where there is an agreement to the physical contact, such as in a boxing or UFC ring, or a doctor treating a patient or playing of other contact sport did not occur unlawfully.

Necessity

·         If your actions were necessary to prevent a greater harm from occurring, you may have the defence of-Necessity.

Self Defence

·         If you were defending yourself or another OR yours or another’s property you may have a Defence of Self-Defence. Many people misunderstand what the limits of Self-defence can be. Most think it is simply outlined in section 418 of the Crimes Act 1900, however, there is lawful authority to argue self-defence even in situations where “Pre-Emptive Force” is used. Moreover, at times there are “No duties or need to retreat”.

How to get a non-conviction for an Assault matter

Our senior criminal defence lawyers oftenrepresents clients and obtained non-convictions for assault charges.

Our senior criminal defence lawyers represents clients often at first appearance in the Local Court for Affray matters. In such matters we are experts in ensuring that all the preparation work and particularly preparing concise, persuading and articulating submissions are done in such a way to ensure the best chances the best results.  At sentencing hearings our Senior Criminal defence lawyers often submit to the Magistrate things no other criminal lawyer would submit such as similar case law where leniency was applied. Further, we emphasis our clients good character. Our success rates in this regard are second to none.

National Criminal Lawyers

If you are charged with an Assault offence it is essential that you receive the best legal advice.

The defence team at National Criminal Lawyers have considerable experience in dealing with Assault offences and so can give you the right direction at a very difficult time. Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.