Section 61 of the Crimes Act 1900 (NSW) states as follows concerning common assault prosecuted by indictment:
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.
A charge of common assault may arise due to the following:
- Hitting, punching or kicking a person without causing actual bodily harm
- Spitting on a person
- Threatening immediate violence against another person.
A prosecutor must prove beyond a reasonable doubt to establish that a common assault has in fact occurred, the elements are as follows:
- Application of force to another person or threat of immediate violence
- Intention to commit the offence or recklessness
- The offence was committed without the consent of the other person
- The conduct was without lawful excuse
A court can impose a range of penalties concerning this offence depending on the severity of the assault and whether self-defence was a factor. The maximum imprisonment term may not necessarily be the punishment imposed if your case is argued correctly. Get in touch today. (See also Penalties for Criminal Offences article).
Assault occasioning actual bodily harm under section 59 of the Crimes Act 1900 (NSW) requires two elements under the Act:
(1) Whosoever assaults any person, and thereby occasions actual bodily harm shall be liable to imprisonment for five years.
(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
The injury does not need to be permanent but cannot be trivial either. Examples include scratching, bruising and cuts. The courts generally view this conduct as an extremely serious offence.
Section 35 of the Act states that reckless grievous bodily harm or wounding offence is committed when each of the following elements are satisfied beyond a reasonable doubt:
(1) Reckless grievous bodily harm-in company A person who, in the company of another person or persons–
(a) causes grievous bodily harm to any person, and
(b) is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
: Maximum penalty–Imprisonment for 14 years.
(2) Reckless grievous bodily harm A person who—
(a) causes grievous bodily harm to any person, and
(b) is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
: Maximum penalty–Imprisonment for 10 years.
(3) Reckless wounding–in company A person who, in the company of another person or persons–
(a) wounds any person, and
(b) is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
: Maximum penalty–Imprisonment for 10 years.
(4) Reckless wounding A person who—
(a) wounds any person, and
(b) is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
: Maximum penalty–Imprisonment for 7 years.
(5) Alternative verdict If on the trial of a person charged with an offence against any subsection of this section, the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against any other subsection of this section (that carries a lesser maximum penalty), the jury may acquit the person of the offence charged and find the person guilty of an offence against that other subsection. The person is liable to punishment accordingly.
Examples of grievous bodily harm include:
- Jaw and skull fractures
- Brain damage
- Severe lacerations which require a large number of stitches
- Permanent deformities or impairment
If you are charged with a serious offence like assault occasioning actual or grievous bodily harm, it is important to speak with our experienced criminal lawyers in Liverpool, Blacktown, Penrith and various suburbs in Sydney. Get in touch with our firm today.
Disclaimer: This is not to be treated as specific legal advice. Please get in touch with our firm to discuss your specific legal matter.