Assault is a serious criminal offense in New South Wales that can carry severe legal consequences, including imprisonment. If you have been accused of assault, or if you have been the victim of an assault, it is important to understand the law and your rights. In this article, Blackstone Law will provide an overview of assault in NSW and what you need to know if you are involved in a case.
What is Assault?
Assault is the intentional or reckless causing of physical harm to another person, or the threat of physical harm. This can include actions such as punching, kicking, or hitting someone with an object, as well as actions that cause psychological harm, such as threatening behavior or stalking. Assault can be classified as either common assault or aggravated assault, depending on the circumstances of the offense.
Common Assault
Common assault is a summary offense that can carry a maximum penalty of two years imprisonment and/or up to a fine of $5,500 in the Local Court.
If you’re facing charges for common assault, you may be curious about what the prosecution needs to demonstrate and the possible penalties you could receive.
In order to be convicted of assault, the prosecution must establish beyond a reasonable doubt that:
- You acted in a way that made another person afraid of immediate and illegal physical violence or that you touched another person without their permission.
The essence of assault is that your actions caused another person to feel afraid of some sort of personal violence. This implies that physical contact is not necessary for an assault to occur. Additionally, the threat must be imminent; for example, a verbal threat of future violence, such as “I will ruin your life,” will not be considered an assault.
- The other person did not agree to your actions.
If physical contact occurs, it must be demonstrated that it was non-consensual, implying that the other person did not grant you permission to touch them.
- You acted purposefully or recklessly.
Assault does not cover cases where you unintentionally make contact with another person, such as in large crowds. The prosecution must show that you intended to cause the other person to feel immediate physical violence, or that you did so recklessly; in other words, you knew that your actions would cause the other person to feel immediate violence.
If your actions were reckless and resulted in physical contact, the prosecution must prove that you understood that your actions could have resulted in some form of physical contact, no matter how slight.
- You lacked a legal excuse for your actions.
It must be demonstrated that you lacked a reasonable and legal excuse for your actions. For instance, if you tackled someone while playing football, and it was within the rules of the game, it would not be regarded as an assault.
Assault Occasioning Actual Bodily 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 where committed with another person or only 2 years in the Local Court.
Examples of Actual Bodily Harm include:
- a deep scratch or lasting bruises
- a ‘black eye’
- a psychiatric condition
To be convicted of assault occasioning actual bodily harm, the prosecution needs to establish, beyond a reasonable doubt, five elements:
That your actions caused someone to fear immediate and unlawful personal violence or that you touched someone without their consent, resulting in fear of personal violence.
That the other person did not consent to your actions.
That you acted intentionally or recklessly, meaning that you either intended to cause fear of violence or acted with reckless disregard for whether your actions would cause fear of violence.
That you did not have a lawful excuse for your conduct.
That your actions resulted in physical injury that is more than transient or trifling, such as bruises or scratches, or in serious psychological injury that goes beyond transient emotions or states of mind.
Defending Against an Assault Charge
If you have been accused of assault, it is important to seek legal advice from a qualified lawyer as soon as possible. You can get in touch with us at Blackstone Law by emailing us at legal@blackstonelaw.com.au or calling us at 1300 070 770 for expert legal advice. You have the right to defend yourself against an assault charge, and Blackstone Law can help you build a strong defense. Common defenses against assault charges include self-defense, defense of property, and mistaken identity.
Getting Help as a Victim of Assault
If you have been the victim of an assault, it is important to seek help and support as soon as possible. This may include contacting the police, seeking medical attention, and reaching out to support services such as domestic violence helplines or counseling services. You may also be entitled to compensation for any physical or psychological harm caused by the assault.
Conclusion
Assault is a serious criminal offense in NSW that can carry severe legal consequences. If you have been accused of assault or have been the victim of an assault, it is important to understand the law and your rights. If you need legal advice or assistance with an assault case, you can get in touch with us at Blackstone Law by emailing us at legal@blackstonelaw.com.au or calling us at 1300 070 770 for expert legal advice. With the right legal advice and support, you can navigate the legal system and protect your rights and well-being.
