voilence

Violent Offences

Assault

There are many different levels of Assault in NSW and there does not necessarily need to be direct contact with the victim for an assault charge to be laid. More commonly Assault charges include:

  • NSW “One Punch Laws” will see you imprisoned for a minimum period of 8 years if you are intoxicated when you assaulted another person and that person falls, hits their head causing them to die.
  • At the other end of the scale, if you assault someone causing ‘grievous bodily harm’ or even death you could spend up to 25 years in prison.

If you have been charged with a violent offence CALL 1800 438 688 for a free case assessment. 

When you contact us we will be able to advise you of the best legal strategy to get the best possible outcome.

What else can we do for you?What else can we do for you?

Which court will I be going to? ­

The courts determine whether you will be appearing in the Local or District Court according to the seriousness of the offence. If the offence is an indictable one this can only be finalised in the District Court. Alternatively if the the matter can be dealt with summarily (see T1 or T2 on your charge sheet) it is automatically dealt summarily in the Local Court unless either the DPP or yourself elect for the matter to go to the District Court.

Defences to Assault

If you have a lawful excuse to the charge of Common Assault you may be able to defend the charges made against you.

Some defences include:

  • Self Defence
  • Self Defence of another
  • Provocation
  • Accident
  • Duress

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to achieve the best possible outcome in your case, through consideration of the mitigating circumstances and possible defences.

Common Assault

In NSW a charge of Common Assault can be any action (real or intended) that causes immediate fear to another person, or unlawful personal violence. This can result in a penalty of imprisonment for up to 2 years.

Generally this charge is applied when a defendant allegedly assaults another person without causing injury or if threats of violence have been made. However, spitting on someone or throwing something at another person can also constitute an assault.

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Assault Occasioning Actual Bodily Harm (AOBH)

If you are found guilty of Assault Occasioning Actual Bodily Harm, the court can impose a penalty of up to 5 years imprisonment. The offence is more serious (aggravated) if you are with someone else when the offence is committed and can result in a period of imprisonment for up to 7 years.

However the court has the option to impose a range of sentences including but not limited to:

  • Dismissing the matter without conviction,
  • Imposing a fine
  • Issuing a good behaviour bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Correction Order
  • Home detention
  • Imprisonment (Jail)

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to achieve the best possible outcome in your case.

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Assault on a Police Officer

If you assault, stalk, harass or intimidate a police officer in the execution of his/her duty you could be found guilty of a serious offence and face up to 5 years in jail. If you cause actual bodily harm to a police officer, this more serious offence could result in a term of imprisonment of up to 7 years and depending on the circumstances of the incident and seriousness of the injury, this could be as high as 14 years.

However the court has the option to impose a range of sentences including but not limited to;

  • Dismissing the matter without conviction,
  • Imposing a fine
  • Issuing a good behaviour bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Corrections Order
  • Home detention
  • Imprisonment (Jail)

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to achieve the best possible outcome in your case.

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Negligent Grievous Bodily Harm

The charge of Causing Bodily Harm by an Unlawful or Negligent Act may incur a maximum penalty of 2 years in jail. In NSW this charge applies when an individual commits an act that causes a serious injury without intent.

However the court has the option to impose a range of sentences including but not limited to:

  • Dismissing the matter without conviction,
  • Imposing a fine
  • Issuing a good behaviour bond
  • Issuing a Community Service Order
  • Suspended Sentence
  • Intensive Corrections Order
  • Home detention
  • Imprisonment (Jail)

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to achieve the best possible outcome in your case.

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Reckless Grievous Bodily Harm

If you are found guilty of Reckless Grievous Bodily Harm the court can impose a penalty of up to 10 years imprisonment and can increase this to 14 years if you are in the company of another person.

If you are found guilty of Reckless Wounding the court can impose a penalty of up to 7 years imprisonment and can increase this to 10 years if you are in the company of another person.

However the court has the option to impose a range of sentences including but not limited to:

  • Dismissing the matter without conviction,
  • Imposing a fine
  • Issuing a good behaviour bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Corrections Order
  • Home detention
  • Imprisonment (Jail)

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to achieve the best possible outcome in your case.

Grievous Bodily Harm means the alleged victim has been seriously injured including but not limited to a permanent or serious disfigurement. For the injury to have been caused recklessly the defendant must have been in a position to contemplate that some kind of injury could have occurred by their actions, even if it was not contemplated that serious injury could have occurred.

The charge for Reckless Grievous Bodily Harm can be defended in a few different way including but not limited to; duress, necessity and self-defence.

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Grievous Bodily Harm with Intent

The charge of Grievous Bodily Harm with Intent carries a penalty of 25 years imprisonment. This offence involves assault with the intent to cause a serious injury. This offence will appear on your criminal record.

However the court has the option to impose a range of sentences including but not limited to:

  • Dismissing the matter without conviction
  • Imposing a fine
  • Issuing a good behaviour bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Corrections Order
  • Home detention
  • Imprisonment (Jail)

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to achieve the best possible outcome in your case.

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Assault with Intent to Kill

The law is very clear – “whosoever administers to, or causes to be taken by, any person any poison, or other destructive thing, or by any means wounds, or causes grievous bodily harm to any person, with intent in any such case to commit murder, shall be liable to imprisonment for 25 years”.(Crimes Act 1900 – Section 27)

However the court has the option to impose a range of sentences including but not limited to:

  • Dismissing the matter without conviction,
  • Imposing a fine
  • Issuing a good behaviour bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Corrections Order
  • Home detention
  • Imprisonment (Jail)

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to get the best possible outcome in your case.

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Affray

Affray is essentially fighting and is a charge applied when a person uses or threatens to use unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety. If you are found guilty of Affray you could be liable for up to 10 years imprisonment.

However the court has the option to impose a range of sentences including but not limited to:

  • Dismissing the matter without conviction
  • Imposing a fine
  • Issuing a good behaviour bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Corrections Order
  • Home detention
  • Imprisonment (Jail)

When you contact us we will be able to advise you on the likelihood of a conviction and help formulate a legal strategy to get the best possible outcome in your case.

Click link for the law

The content and any linked publications on this website are intended to only provide a general summary and overview on the subject of interest. It is not intended to be or constitute legal advice. Whilst we attempt to update the content the law is constantly changing on this basis we do not guarantee its currency. You should seek legal or other professional advice before acting or relying on any of the Content within this site or any other legal issue.