Published: 16 July 2021
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Published: 16 July 2021
Assault in New South Wales is not just one offence but a series graded by the injury caused, from common assault through to grievous bodily harm. The level you are charged with drives both the penalty and the strategy, and what you do in the first days after being accused can decide your case
(https://morrisonslaw.com.au/services/criminal-law/assault-charges/), our Accredited Specialists in Criminal Law, based in Wollongong and Campbelltown, run assault cases at every level across the Illawarra, South Coast, Campbelltown and Southern Highlands. Matthew Ward (https://morrisonslaw.com.au/team/matthew-ward/), Principal Solicitor at Morrisons, sets out the three levels:
“There are three levels, which are generally separated by the injury. Common assault is a push, slap or punch with no injury, and it can even be the mere apprehension of immediate violence with no touching at all. Assault occasioning actual bodily harm covers scratches, bruising, bloody noses, black eyes and some breaks (any bodily injury). Grievous bodily harm is the serious end, stabbings, glassings, falls causing brain damage, and there the charge can be reckless or with intent. Grievous bodily harm means really serious bodily injury.”
Assault offences are set out in the Crimes Act 1900 (NSW). The main charges, from least to most serious, are:
Common assault (section 61): a push, slap or punch causing no injury, or even causing someone to fear immediate violence with no contact at all. Maximum penalty: 2 years imprisonment
Assault occasioning actual bodily harm (section 59): assault causing injuries such as scratches, bruising, a bloody nose or, a black eye. Maximum penalty: 5 years imprisonment
Reckless wounding or recklessly cause grievous bodily harm (section 35): wounding or really serious injury caused recklessly. Maximum penalties range up to 140 years for reckless grievous bodily harm
Wounding or grievous bodily harm with intent (section 33): the serious end, where the prosecution alleges you intended to cause really serious injury. Maximum penalty: 25 years imprisonment
Where the charge is at the more serious end, the difference between a reckless charge and an “with intent” charge has a very large effect on the penalty, and on how the case can be defended or negotiated.
Serious assault charges are won on evidence analysis and preparation. It is also important conduct investigations and obtain evidence, the police did not gather. Matthew Ward describes the approach in one matter:
“In a wound-with-intent charge where glass was broken in a licensed premises, we obtained CCTV footage and found witnesses the police had not spoken to. We also looked at the intoxication of witnesses, because that goes to the reliability of what they say they saw.”
Preparation of this kind is time-sensitive. CCTV footage is frequently overwritten within days or weeks, and witnesses become harder to locate as time passes, so the value of acting early is hard to overstate.
The steps you take in the first days can decide your case. Get expert legal advice as soon as possible. If you have been arrested, it also helps to understand how bail works in NSW (https://morrisonslaw.com.au/news/what-is-bail-a-guide-to-bail-in-nsw/). Matthew Ward advises:
“Comply with any bail or AVO conditions. Gather and preserve evidence early, because people lose messages, photos and even phones. And see your GP for a mental-health-care-plan referral, because for a lot of people this is the first thing they think about when they wake up and the last thing in their mind before they go to sleep.”
Where an assault arises in a family setting, it will be dealt with as a domestic violence (https://morrisonslaw.com.au/services/criminal-law/domestic-violence/) case and will come with an AVO, which adds its own conditions to comply with.
The mistakes that cause the most damage are usually made before a lawyer is involved. As Matthew Ward puts it:
“Saying too much, breaching bail, or breaching an AVO are the mistakes that cause the biggest problems. The earlier we are involved, the more we can advise and protect.”
Immediately, and before you give any account of the incident beyond what is required. Evidence such as CCTV is time-sensitive, witnesses become harder to find, and the charge level itself, common assault, actual bodily harm, or grievous bodily harm, is often where early advice has the most influence.
Assault in NSW is graded by injury: common assault, assault occasioning actual bodily harm, and wounding or grievous bodily harm, which can be charged as reckless or with intent
Maximum penalties rise sharply with seriousness, from 2 years for common assault to 25 years for grievous bodily harm with intent
Serious cases often turn on evidence the police did not gather, such as CCTV and additional witnesses, which can be time-sensitive
After being accused, comply with any bail or AVO conditions, preserve evidence early, and seek support from your GP if you need it
Saying too much or breaching bail or an AVO causes the biggest problems, so get specialist advice from a criminal lawyer immediately
If you have been charged with, or accused of, an assault, Morrisons offers a free initial consultation. Our team includes three Accredited Specialists in Criminal Law (Law Society of NSW), and we act for clients across the Illawarra, South Coast, Southern Highlands, Campbelltown and Macarthur regions.
Contact us (https://morrisonslaw.com.au/contact/) at our Wollongong office on 02 4227 3505 or our Campbelltown office on 02 4607 5070.