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ASSAULT

Assault is a very common offence in NSW and Australia, and unfortunately, the Court has to deal with many of these matters on almost a daily basis. Assaults can range from a severe verbal exchange causing a person to fear for their safety to a physical altercation resulting in injury or death.

There are many types of assaults in NSW, including the following:

  • Common assault, pursuant to section 61 of the Crimes Act 1900.

  • Assault Occasioning Actual Bodily Harm, pursuant to section 59(1) of the Crimes Act 1900.

  • Assault occasioning actual bodily harm in company, pursuant to section 59(2).

  • Reckless wounding, pursuant to section 35(4).

  • Reckless wounding in company, pursuant to section 35(3).

  • Reckless infliction of grievous bodily harm, pursuant to s 35(2).

  • Reckless infliction of grievous bodily harm in company, pursuant to s 35(1).

  • Wound or inflict grievous bodily harm with intent to cause grievous bodily harm or resist arrest, pursuant to s 33(1)–(2).

  • Use or possess weapon to resist arrest, pursuant to s 33B(1).

  • Assault causing death, pursuant to s 25A(1)

  • Assault causing death while intoxicated, pursuant to s 25A(2)

  • Choke, suffocate or strangle, pursuant to s 37(1A).

  • Choke, suffocate or strangle being reckless as to rendering other unconscious etc, pursuant to s 37(1).

  • Choke, suffocate or strangle and render unconscious, with intent to commit serious indictable offence, pursuant to s 37(2).

  • Administer intoxicating substance, pursuant to s 38.

  • Assaulting a police officer in the execution of his or her duties, pursuant to section 58.

  • Assault during a large scale public disorder, pursuant to section 60.

Generally, for you to be found guilty of an assault, such as common assault, the prosecution must prove the following basic elements beyond reasonable doubt:

  • You struck, touched or applied force to another, or threatened another with immediate violence

  • You did so intentionally or recklessly

  • Without consent

  • Without lawful excuse

Depending on the specific assault offence you have been charged with, the prosecution must prove additional elements that make up that offence. For example, if you are charged with an assault occasioning actual bodily harm, the proseuction must prove that actual bodily harm was sustained by the victim during the assault, which may include a bruise or cut.

As with any criminal offence, the prosecution must prove all the elements of the offence beyond a reasonable doubt. If you have a defence available, the prosecution must negate that defence beyond reasonable doubt if the Court is to find you guilty. If you are charged with an assault offence , please contact KF Lawyers to arrange for a consultation to discuss potential defences and range of sentences that are available in your situation.

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