HOTLINE - 1300 343 560
60min
BOOK US
CONTACT US

Assault offences handled successfully
by our experienced specialist senior lawyers!
Expert lawyers with outstanding results.

Fixed fee court appearance offer from $990*.
No obligation case assessment and/or free initial consult.

If you are charged with a crime of violence call Goldman lawyers for expert assistance with your legal trouble.

A conviction for a crime of violence can devastate your life, deprive you of your liberty and destroy your reputation.

At all stages, from your arrest to your court appearance, you need to have experienced professionals fighting for you.

Goldman lawyers has a 24 hour a day crime line. Call: 1300 343 560 to speak to a criminal lawyer.

Your first consultation is free and will help you regain control of your situation. Whether you wish to defend the chare or you are willing to plead guilty and wish to receive the minimum sentence, Goldman lawyers criminal law practice group will be able to help.

Common assault

The offence of common assault

Common Assault is an offence under Section 61 of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison and/or a fine of $5,500.

Most common assault matters are heard in the Local Court before a magistrate. The prosecution can elect to have the matter be heard in the District Court.

To establish the offence, police must prove each of the following elements:

  • That you caused another person to fear immediate and unlawful violence, or that you made physical contact with another person, and
  • That the other person did not consent, and
  • That your actions were intentional or reckless
  • That you did not have a lawful excuse

What the prosecution must prove

It is all about whether actions caused somebody to fear some form of personal violence. You must have known your actions would cause the other person to fear immediate violence or have not been concerned about whether it did or not.

To be found guilty of assault, the prosecution must prove three things beyond a reasonable doubt:

  • 1. That your actions caused another person to fear immediate and unlawful violence OR that you touched another person without their permission;
    You don’t have to touch somebody for an assault to occur but any threat must be immediate. Even slight touching can be assault.
  • 2. That the other person did not consent to your actions
    If there is physical contact, then the prosecution must prove that the other person did not give you permission to touch them.
  • 3. That your actions were intentional or reckless.
    Brushing shoulders with somebody on a bus or bumping into them accidentally in a big crowd will not normally constitute assault.
    If your actions were reckless and resulted in physical contact, the prosecution has to prove that you realised that your actions may have resulted in some form of physical contact, however slight.
  • 4. That you did not have a lawful excuse for your actions
    Accidental contact would not normally constitute assault. If you are sparring at a martial arts gym and made contact it would not constitute an assault.

The penalties

The maximum penalty for common assault is 2 years’ imprisonment and/or a fine of up to $5,500.

A section 9 good behaviour bond is the most common penalty. This is a criminal conviction with bond that can last up to five years.

You can be sentenced to a conditional release order which is a bond without criminal conviction. These bonds can be up to two years in duration. No criminal conviction recorded is a good outcome and legal representation can help.

A good behaviour bond means that you must not commit any further offences while the bond is in place. Bonds can have conditions you must obey.

Breach a bond and you risk being called before the court and resentenced.

Do you have a defence

You will be found not guilty if your defence is accepted in court. Available defences are:

Self defence

Self defence can be raised if:

  • you were acting to protect yourself, somebody else, or your property.
  • you honestly believed you were acting reasonably in taking the action you did. Even if you were mistaken in your belief, you can still rely on this defence as long as you honestly and reasonably believed that you had to act in self defence.

There are some qualifiers. Your actions have to have been proportionate to the threat. If you were drunk or using drugs and your level of intoxication caused you to misinterpret the threat, you may not be able to rely on this defence.

Duress

This defence can be raised where somebody forced you to commit the crime against your will. You have to show evidence:

  • That an actual threat was made and it was ongoing. Text messages, phone conversations, or testimony in court can all be used. It is irrelevant whether the threat could be carried out. You just have to have genuinely believed in the threat.
  • Of a death threat or threat of serious injury to you or your family. The threat must have been so menacing that it would have deprived any person of your age and gender of their free will and left no option but for you to assault the person you are accused of assaulting.

Necessity

This defence can be difficult to prove and is rarely used. I you raise it, the prosecution must prove beyond reasonable doubt (more than 50% likelihood) that there was no immediate danger to you.

No threat has to be present but there must have been some reason that left you no option but to assault somebody. For example, you were being restrained by somebody who was unaware there was fire in the building you were trying to exit and you had to assault them to break free and make your way to safety.

You will need evidence to show:

  • you acted to avoid death or serious injury or other serious, irreversible consequences to you or somebody else.
  • you honestly and reasonably believed the threat or situation existed
  • you acted in a manner that was proportionate and reasonable in the circumstances

Lawful Correction

Crimes Act 1900 Section 61AA provides the defence of lawful correction by way of punishment to somebody under the age of 18 only if:

  • 1. (a) the physical force was applied by the parent of the child or by a person action for the parent of the child, and
    (b) the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances.
  • 2. Unless the force applied is negligible, it is not reasonable if the force is applied to the child’s head or neck or to any part of the body where any harm caused lasts for more than a short period.
  • you acted in a manner that was proportionate and reasonable in the circumstances

Assault occasioning actual bodily harm (AOABH)

The offence of AOABH

This is a serious offence and you should get immediate legal advice. The charge means somebody has been hurt as the result of an assault. The harm might be a bruising or a black eye or a cut or scratch. It can also be serious psychological harm.

Assault Occasioning Actual Bodily Harm is an offence under Section 59 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison or 7 years if it is committed in the company of another person.

If the matter is heard in the Local Court, the maximum penalty is two years imprisonment and/or a $5500 fine.

What the prosecution must prove

The prosecution must prove five things beyond reasonable doubt:

  • 1. That you acted in a way that caused another person to fear immediate and unlawful personal violence OR that you touched another person without their consent;
  • 2. That the other person did not give you permission to conduction yourself the way you did
  • 3. That you acted intentionally or recklessly

    The prosecution must prove that you knew that your actions would cause the other person to fear immediate violence and that you intended this to be the case.

    Or, the prosecution has to prove that you realised that your actions may have resulted in some form of physical contact, however slight and you were reckless as to this outcome.

  • 4. That you did not have a lawful excuse for your actions

    Injury occurring during the course of an organised sports match would not normally lead to an assault charge.

  • 5. Caused a physical injury that is more than merely transient or trifling. Injuries that heal quickly do not normally result in this charge. If psychological injury is alleged, it must be a condition that goes beyond transient emotions, feeling and states of mind.

The penalties

Most charges of this type are heard in Local Court before a magistrate. If so, the maximum penalty is 2 years imprisonment, and/or a $5,500 fine. Maximum sentences are reserved for more serious crimes, or for people with extensive criminal records for similar offending.

If the prosecution elects to have the matter heard in the District Court the maximum penalty is 5 years imprisonment or seven years in jail if you offended in company.

Do you have a defence

You will be found not guilty if your defence is accepted in court. Available defences are:

Self Defence

Self defence can be raised if:

  • you were acting to protect yourself, somebody else, or your property.
  • you honestly believed you were acting reasonably in taking the action you did. Even if you were mistaken in your belief, you can still rely on this defence as long as you honestly and reasonably believed that you had to act in self defence.

There are some qualifiers. Your actions have to have been proportionate to the threat. If you were drunk or using drugs and your level of intoxication caused you to misinterpret the threat, you may not be able to rely on this defence.

Duress

This defence can be raised where somebody forced you to commit the crime against your will.

You have to show evidence:

  • That an actual threat was made and it was ongoing. Text messages, phone conversations, or testimony in court can all be used. It is irrelevant whether the threat could be carried out. You just have to have genuinely believed in the threat.
  • That the threat was so serious (a death threat or threat of serious injury to you or your family) that it would have deprived any person of your age and gender of their free will and left no option but for you to assault the person you are accused of assaulting.

Necessity

Necessity can be difficult to establish and is rarely used. If you raise it, the prosecution must prove beyond reasonable doubt (more than 50% likelihood) that there was no immediate danger to you.

No threat has to be immediately present but there must have been some reason that left you no option but to assault somebody. For example, you were being restrained by somebody who was unaware there was fire in the building. You were trying to exit the building and you had to assault them to break free and make your way to safety.

You will need evidence to show:

  • you acted to avoid death or serious injury or other serious, irreversible consequences to you or somebody else.
  • you honestly and reasonably believed the threat or situation existed
  • you acted in a manner that was proportionate and reasonable in the circumstances

Lawful Correction

The Crimes Act 1900 Section 61AA provides the defence of lawful correction by way of punishment to somebody under the age of 18 only if:

  • (a) the physical force was applied by the parent of the child or by a person action for the parent of the child, and
    (b) the application of that physical force was reasonable having regard to the age, health, maturity or other characteristics of the child, the nature of the alleged misbehaviour or other circumstances.
  • Unless the force applied is negligible, it is not reasonable if the force is applied to the child’s head or neck or to any part of the body causes harm that lasts for more than a short period.

Stalk or intimidate offences

The offence of stalk and intimidate

Under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW), it is an offence to stalk or intimidate another person with the intention of causing the other person to fear physical or mental harm.

Charges are likely to involve actions intended to control, manipulate or intimidate a person.

There are other types of offences in this category of charge including stalk, harass, or intimidate a police or other law enforcement officer (Division 8A, Crimes Act 1900) and stalk, harass or intimidate a school student or school teacher, or other school staff member (Division 8B, Crimes Act 1900).

What the prosecution must prove

There are two categories of Stalk or Intimidate offences under the Crimes (Domestic and Personal Violence) legislation.

There are two categories of Stalk or Intimidate offences under the Crimes (Domestic and Personal Violence) legislation.

  • 1 - Stalking or Intimidation – Domestic Violence requires the accused to have tried to cause fear in someone they are in a domestic relationship with, either past or present. It can be a partner, child, girlfriend, or a friend the accused lives with. This offence is far more common that the personal violence related offence.
  • 2 - The offence of Stalking or Intimidation – Personal Violence relates to pressuring, harassing or intimidating a stranger, or someone not in any way related to the accused, with the intent to cause them fear.

    • Stalking generally involves the physical presence of the accused. If the accused has been following or watching their victim, with or without the victim’s knowledge, or against their will, is guilty of stalking.

    If the accused visits the victim’s home or workplace for no legitimate purpose and without consent they may be guilty of stalking. If the accused attends a location they know the victim frequents with intent to cause harm or fear of harm to the victim.

    Intimidation is generally either physical and/or verbal harassment or molestation of another or being in contact with a person in such a way as to make them fear for their wellbeing. Intimidation can be causing fear in the victim for the safety of a member of their family. Contacting the family members of the victim can also amount to harassment if the purpose is to intimidate the victim or cause the victim to fear for their safety or the safety of the family member.

    The prosecution must prove:

    The accused person stalked or intimidated another person, or attempted to stalk or intimidate another person (if the accused is in some type of relationship with the victim the charge links to domestic violence); and

    The accused person had the intention, in that they knew, that their conduct was likely to cause fear of physical or mental harm in the other person. If the accused knows the conduct is likely to cause fear intent will be inferred. The fear must be reasonable.

    You can be found guilty even if you only attempted to stalk or intimidate another person with the intention of causing fear.

    The prosecution does not have to prove that the victim actually feared physical or mental harm.

The penalties

The maximum penalty for committing such an offence is imprisonment for five years or a fine of $5500, or both. However, if dealt with in the Local Court, the maximum penalty is two years’ imprisonment.

As with any offence, even after a finding of guilt the court can still decide not to record a conviction.

Penalties other than full time custodial sentences are also common, including home detention, intensive corrections orders, community service, suspended sentences, good behavior bonds under section 9, and fines.

Section 10 dismissals or conditional release orders are possible for the most minor types of this offence, usually for an accused with no prior criminal record.

Do you have a defence

You will be found not guilty if your defence is accepted in court. The best defence is to prove that the accused did not know that their conduct was likely to cause fear of physical or mental harm to the other person.

Available defences are:

Self defence

Self defence can be raised if:

  • You were acting to protect yourself, somebody else, or your property.
  • You honestly believed you were acting reasonably in taking the action you did. Even if you were mistaken in your belief, you can still rely on this defence as long as you honestly and reasonably believed that you had to act in self defence.

There are some qualifiers. Your actions have to have been proportionate to the threat. If you were drunk or using drugs and your level of intoxication caused you to misinterpret the threat, you may not be able to rely on this defence.

Duress

Duress can be raised where somebody forced you to commit the crime against your will. You have to show evidence:

  • That an actual threat was made and that the threat was ongoing. Text messages, phone conversations, or testimony in court can all be used. It is irrelevant whether the threat could be carried out. You just have to have genuinely believed in the threat.
  • That the threat was so menacing (death/serious injury) that it would have deprived any person of your age and gender of their free will and left no option but for you engage in the unlawful conduct.

Necessity

This defence can be difficult to prove and is rarely used. The prosecution must prove beyond reasonable doubt (more than 50% likelihood) that there was no immediate danger to you.

No threat has to be present but there must have been some reason that left you no option but to assault somebody. For example, you were being restrained by somebody who was unaware there was fire in the building you were trying to exit and you had to assault them to break free and make your way to safety.

You will need evidence to show:

  • You acted to avoid death or serious injury or other serious, irreversible consequences to you or somebody else.
  • You honestly and reasonably believed the threat or situation existed
  • You acted in a manner that was proportionate and reasonable in the circumstances

Lawful Correction

Need content

Sexual assault offences

The Crimes Act 1900 contains a range of sexual offences against adults. All sexual offences against adults carry terms of imprisonment. Most sexual offences against adults are based on the non-existence of consent by the victim. If you are being investigated for an allegation of sexual assault seek immediate legal advice.

The offence of sexual assault

Under Section 61I of the Crimes Act, a person who has sexual intercourse with another person without the other person’s consent commits the crime of sexual assault, which is punishable by a maximum of 14 years imprisonment.

What the prosecution must prove

To prove the charge, the prosecution must show beyond reasonable doubt that:

A person had sexual intercourse with another person. Sexual intercourse is defined as the penetration of the genitals of a female or the anus or mouth of any person by the body of another person or an object manipulated by another person. Sexual intercourse also includes cunnilingus.

  • 1. That person did not consent to the sexual intercourse.
  • 2. The accused knew the other party was not consenting to the sexual intercourse.

    A person knew that the other person does not consent to sexual intercourse if:

    • I. The accused knew the other person did not consent to the sexual intercourse;
    • II. The accused was reckless as to whether the other person consented to the sexual intercourse;
    • III. The accused had no reasonable grounds for believing that the other person consented to the sexual intercourse.

The penalties

This is an offence under section 61I of the Crimes Act 1900 (NSW). The maximum penalty is imprisonment for 14 years. The standard non-parole period is imprisonment for seven years.

Do you have a defence

The accused must establish that consent between the parties existed or that the assault did not take place.

Section 61HE of the Crimes Act 1900 contains the definition of consent for the purposes of sexual offences against adults. Under this provision, consent means free and voluntary agreement.

The Act states that a person does not validly consent if the person:

  • Lacks capacity to consent because of age or cognitive incapacity;
  • Is unconscious or asleep;
  • Consents because of threats or terror;
  • Consents because they are unlawfully detained;

It can also be established that a person did not consent if they were intoxicated by drugs or alcohol, were subject to intimidation, coercion or threats of force, or consent due to abuse of a position of authority or trust.

The offence of aggravated sexual assault

This is the offence of sexual assault committed in circumstances of aggravation. If convicted, the guilty party will face lengthy jail time. Recent statistics indicate that less than half the offences are proven. Proper legal representation and advice will increase your chances of acquittal of this extremely serious offence.

Crimes Act 1900 section 61J Aggravated sexual assault states:

(1) Any person who has sexual intercourse with another person without the consent of the other person and in circumstances of aggravation and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 20 years.

What the prosecution must prove

The prosecution must establish the elements of sexual assault and, in addition, the circumstances of aggravation. Aggravating factors are set out in the Crimes Act section 61J(2).

The circumstances of aggravation include but are not limited to the infliction or threat of bodily harm, the victim having a serious physical disability or cognitive impairment, or the offender being in company with another person.

The penalties

The maximum penalty is imprisonment for 20 years.

Do you have a defence

The accused must establish that consent between the parties existed or that the assault did not take place.

Section 61HE of the Crimes Act 1900 contains the definition of consent for the purposes of sexual offences against adults. Under this provision, consent means free and voluntary agreement.

The Act states that a person does not validly consent if the person:

  • Lacks capacity to consent because of age or cognitive incapacity;
  • Is unconscious or asleep;
  • Consents because of threats or terror;
  • Consents because they are unlawfully detained;

It can also be established that a person did not consent if they were intoxicated by drugs or alcohol, were subject to intimidation, coercion or threats of force, or consent due to abuse of a position of authority or trust.

The offence of sexual touching

Sexual touching is normally dealt with in the Local Court. The prosecution can elect to have the matter heard in the District Court.

Under the Crimes Act 1900 Section 61KC , a person commits the offence of sexual touching if, knowing the other person does not consent, the person:

  • sexually touches the victim;
  • Incites the other person to sexually touch them;
  • Incites a third person to sexually touch the victim;
  • Incites the victim to sexually touch a third person.

What the prosecution must prove

To prove the offence of sexual touching, the prosecution must show beyond reasonable doubt that:

  • A person sexually touched another person (the alleged victim) or incited someone else to;
  • The alleged victim did not consent; and,
  • The person knew the alleged victim does not consent.

The penalties

The maximum penalty for this offence is imprisonment for five years. The offence is aggravated if the victim is under the authority of the alleged offender, the offender is in company with another person, or the victim has a serious physical or cognitive disability.

If the matter is heard in the Local Court, the maximum penalty is imprisonment for two years.

In an appropriate case the magistrate or judge may consider an alternative to a custodial sentence such as a Community Release Order, Community Corrections Order or an ICO.

Do you have a defence

The accused must establish that consent between the parties existed or that the assault did not take place.

Section 61HE of the Crimes Act 1900 contains the definition of consent for the purposes of sexual offences against adults. Under this provision, consent means free and voluntary agreement.

The Act states that a person does not validly consent if the person:

  • Lacks capacity to consent because of age or cognitive incapacity;
  • Is unconscious or asleep;
  • Consents because of threats or terror;
  • Consents because they are unlawfully detained;

It can also be established that a person did not consent if they were intoxicated by drugs or alcohol, were subject to intimidation, coercion or threats of force, or consent due to abuse of a position of authority or trust.

Various other sexual offences

The Crimes Act 1900 provides for a range of other sexual offences. If you have been charged with any of the following, please seek legal advice immediately.

Sexual act – pursuant to the Crimes Act 1900 section 61KE it is an offence to carry out a sexual act without the consent of the other person. A sexual act can be carried out with, or towards, the victim or a third person. The maximum penalty for this offence is imprisonment for 18 months.

Assault with intent to have sex intercourse pursuant to the Crimes Act 1900 section 61K a person it is an offence to intentionally or recklessly inflict, or threaten to inflict, actual bodily harm on a person with intent to have sexual intercourse.

The maximum penalty is 20 years imprisonment.

Other assaults and violence crimes

If you are charged with a crime of violence call Goldman lawyers for expert assistance with your legal trouble.

A conviction for crimes of violence can devastate your life, deprive you of your liberty and destroy your reputation.

At all stages, from your arrest to your court appearance, you need to have experienced professionals fighting for you.

Goldman Lawyers has a 24 hour a day crime line. Call: 0435 101 184 to speak to a criminal lawyer.

Your first consultation is free and will help you regain control of your situation.

Aggravated assault

Aggravated assaults are dealt with by sections 32 to 54 of the Crimes Act 1900. Any assault offence can be aggravated, but the most common examples are common assault, assault occasioning actual bodily harm, reckless wounding, recklessly inflict grievous bodily harm and assault police.

Affray

This is an offence against the public order. It carries a maximum penalty of 10 years. Police often use this charge in the wrong situations. A conviction is a devastating occurrent for an individual.

Affray can occur in a public or private place where you have used, or threatened to use, unlawful violence against another person. Your actions would be such as to cause a third person or reasonable firmness present at the scene to be upset or frightened.

The concerning aspect of this charge, given the severe punishment available upon a guilty conviction, is that affray can be committed even if a third person was not present at the scene to witness the violence. It can be a hypothetical question as to “if a third person was present” would they have been terrified by your violent action.

Assault police

To protect police the Crimes Act 1900 section 60 sets out a wide range of offences relating to assault and other actions against police. If you assault police, throw something at them, harass or intimidate an officer while in the execution of the officer’s duty, you can be imprisoned for up to five years if found guilty.

More serious prison terms attach to the sentence if the offence involves injury to the police or if police are injured in a context of public disorder. The maximum term of imprisonment under this section is 14 years.

Grievous bodily harm

In NSW, this offence is set out in the Crimes Act 1900 between sections 33 and 54. Grievous means really serious. The injury does not need to be permanent, or long lasting or life threatening.

Grievous bodily harm includes the victim losing a distinct part of an organ, suffering serious disfigurement, or sustaining an injury that if left untreated would endanger the person’s life or cause permanent injury. Such injuries can include broken teeth or bones as well as injuries such as a head injury or severe internal bleeding.

It also encompasses the termination of a woman’s unborn child even if the woman suffers no other injury

Causing a person to contract any grievous bodily disease is grievous bodily harm.

Murder and manslaughter

Both murder and manslaughter are homicide offences. In NSW, a person can be charged with other homicide offences as an alternative to manslaughter.

In New South Wales, the partial defence of provocation is available to reduce a conviction for murder to one of manslaughter. Other defences available to murder are self-defence and duress.

Murder – is defined as the intentional or reckless killing of another person. It includes the killing of another person in the process of committing a serious offence such as robbery. (Crimes Act 1900 s 18)

Manslaughter- a fatal assault that is not murder. The act resulting in death must have been grossly negligent. If there is no evidence of malice or if thee is a lawful excuse, the charge of manslaughter cannot succeed.

One punch causing death

Crimes Act 1900 section 25A states:

  • A person is guilty of an offence under this subsection if:
  • the person assaults another person by intentionally hitting the other person with any part of the person‘s body or with an object held by the person, and
  • the assault is not authorised or excused by law, and
  • the assault causes the death of the other person.

A person who is convicted of this offence is subject to a maximum term of imprisonment for 20 years.

If the offender is intoxicated at the time the offence is committed it is an aggravating circumstance. Maximum sentence is 25 years imprisonment.

Section 25B introduced a mandatory minimum sentence of 8 years for this offence. Any non-parole period is required to be set after the offender has served not less than 8 years.

Unlawful wounding

Wounding ( 33 or section 35 of the Crimes Act 1900) is more than breaking the top layer of skin by the act.

If the assault causes bleeding you may be charged with unlawful wounding. If the outer skin is broken, but the injury hasn’t penetrated through the outer layer, this is not unlawful wounding. Medical evidence would be provided of the injury to justify the charge.

No stress and no obligation discussion
with our senior criminal lawyers

Speak directly with one of our senior lawyers for a no stress no obligation discussion on your criminal matter or Court attendance notice. All legal discussions are subject to legal professional privilege and are held in the strictest confidence whether you finally proceed to use our services or not.

Legal Services
Legal Services

Outstanding results in criminal defence matters

Our senior lawyers achieve outstanding results and standby you during the process. This is very important, as this is a stressful time for you and the consequences can be with you for the rest of your life.

A range of fees and fee packages that
suit your budget and needs

Speak directly with one of our senior lawyers for a no stress no obligation discussion on your criminal matter or Court attendance notice. We have a number of fee packages that you may download. Use our free case assessment form online so that we can provide you with our thoughts on the strategy. You can also speak to the lawyer that will defend you in court or assist in mitigating your sentence and plea.

Legal Services
Legal Services

Unique online pricing model – don’t
risk being stung by other lawyers

We have clear and transparent fee structures and are one of the leading firms that you can contact totally online and even download some of our special fee offers online. This saves us time and these efficiencies we pass on for the benefit of our clients in terms of reduced costs and transparency. No need to run around other law firms waiting for the lawyer to call you back. Everything you need to start is online.

Call
X
Your enquiry form has been sent to our legal team and we
shall reply typically within 60 minutes.
Thank you