In New South Wales (NSW), different levels of assault carry different consequences under the law. It is important to know the differences between the types of assault to ensure fairness amongst the Law.
Photo courtesy of NSW POLICE Facebook.
Common Assault
Common assault is the most basic form of assault. It is an act that causes a person to fear immediate and unlawful violence. It may also involve the use of physical force. Examples of common assault include pushing or slapping someone, or making threats of physical violence.
The maximum penalty for a common assault charge is two years imprisonment. However, in some cases, a court may choose to issue a fine instead.
Assault Occasioning Actual Bodily Harm
Assault occasioning actual bodily harm (ABH) occurs when an assault causes an injury that is more than merely transient or trifling. This means that the injury can be anything from a scratch, bruise, or red marks. It could also include broken bones, deep cuts, or more serious physical injuries.
The maximum penalty for ABH is five years imprisonment. However, this penalty can increase to seven years imprisonment if the assault was committed in the company of others, or with a weapon.
Grievous Bodily Harm
Grievous Bodily Harm (GBH) is the most severe form of assault. It occurs when an assault causes a person to suffer really serious harm. This could include the loss of a limb or organ, serious disfigurement, or the infliction of a life-threatening injury.
The maximum penalty for GBH is 25 years imprisonment. However, if the GBH was inflicted with intent to murder, the penalty is life imprisonment.
Penalties for Assault in NSW
When sentencing someone for assault, the court has several options. These may include:
A good behaviour bond – with or without a Conviction
A fine
A community correction order
An Intensive Corrections Order (A prison sentence served in the community)
Full time Imprisonment
For charges of GBH, the Court is more likely to consider a term of imprisonment over a smaller penalty.
The court will consider a range of factors when deciding on the appropriate punishment, including the seriousness of the offense, the offender's criminal history, and the impact of the assault on the victim.
Defences to Assault
Being charged with assault in NSW can be a serious legal matter, but there are defences available for those who find themselves in such a situation. Some of the defences that can be used to fight an assault charge in NSW include:
Self-defence: If the accused person was defending themselves from an attack, they may be able to use this as a defence.
Consent: If the victim consented to the assault, the accused person may be able to use this as a defence.
Duress: If the accused person was forced to commit the assault under threat of harm, they may be able to use this as a defence.
Necessity: If the assault was necessary to prevent a greater harm, such as in cases of emergency, the accused person may be able to use this as a defence.
It's important to note that the availability and success of these defences will depend on the specific circumstances of each case. Anyone facing an assault charge in NSW should seek legal advice as soon as possible to discuss their options and formulate a defence strategy.
Assault is a serious criminal offense, and the penalties for different types of assault vary depending on the severity of the offense. If you have been charged with assault, it is essential to seek legal advice immediately. An experienced criminal lawyer can help you understand the charges you are facing, and assist you in developing a strong defence. Remember, everyone is innocent until proven guilty, and a skilled defence attorney can help you protect your rights and defend your reputation.
Duncan & Co Lawyers are highly skilled in acting for those who have been charged with Assault. Call us today 02 4910 4054 or 0401 548 443.