Common Assault

The offence of Common Assault is the assault charge most frequently issued by the police. It is the least serious of the assault offences, and can be charged where it is alleged that one person assaults another, but the injury caused is not severe (i.e. does not cause any lasting injury or scarring), as set out within section 61 of the Crimes Act 1900 (NSW).

Penalties: The penalties for common assault can still be severe, with the maximum penalty at two years imprisonment.

Assault Occasioning Actual Bodily Harm

Assault Occasioning Actual Bodily Harm is the second most serious assault offence after Assault Occasioning Grievous Bodily Harm. This offence can be charged where an injury arises out of an alleged assault that is not permanent, but results in a wounding, for example when a person’s skin is broken.

Penalties: The maximum penalty for this offence is five years imprisonment. Where the offender is in the company of another person or persons this increases to seven years.

Attempts to Choke

Generally, the charge of Attempt to Choke may be laid when the accused has either (i) attempted to choke someone, or (ii) attempted to make the person insensible, unconscious, or incapable of resistance. The offence is taken very seriously by the courts, with a maximum penalty of 25 years imprisonment, and legal advice should be sought immediately upon being charged.

Penalties: As indicated above, a conviction of Attempt to Choke carries a maximum penalty of 25 years imprisonment, under section 37 of the Crimes Act 1900 (NSW).

Reckless Grievous Bodily Harm or Wounding

The offence of Reckless Grievous Bodily Harm or Wounding is generally charged when an act or omission has caused grievous bodily harm or wounding, but there was no intent. There are several different forms of this offence prescribed in section 35 of the Crimes Act 1900 (NSW). In determining which offence to charge you with, the Police will consider whether you wounded someone and/or whether you inflicted grievous bodily harm, as well as whether you were in the company of others at the time of the offence.

Penalties: Depending on the particular offence you are charged with, the maximum penalty can range from seven years imprisonment up to 14 years imprisonment. However, with proper legal representation, it is usually possible to avoid these severe penalties.

Legal Defences for Assault Charges

If you have been charged with any type of assault, there may be a defence available to you, including: Self-defence, duress and necessity. In some instances intoxication is also a defence. Often charges of assault arise as a consequence of alleged violence between several people, which can lead to charges being laid against multiple individuals. Sometimes the alleged victim is also involved in perpetrating the violence and this causes confusion in determining ‘who started it’ and who was merely defending themselves. It will be necessary for the police in every offence to prove that the accused was the person who committed the offence.