Assault Lawyer
Do you need the services of an experienced assault lawyer because you have been accused of an assault offence? If so, please contact McDonald Law on (02) 8824 4736 immediately.
Do not speak to the police or engage in any interviews until you contact us and receive legal advice from our experienced assault lawyers.
McDonald Law is a law firm that offers expert guidance and representation in assault-related charges and other criminal offences.
If you are facing such charges, it is important to act and seek legal assistance immediately.
Our experienced criminal defence team can help you understand the charges against you, navigate the legal process, and achieve the best possible outcome in your case.
Why would I need an assault lawyer?
Assault is a criminal offence that can take many forms, and its severity can range from minor to extremely serious.
Under the Crimes Act 1900 (NSW), there are several provisions that outline the different types of assault and the penalties associated with each offence.
What is a Common Assault?
Common Assault, as outlined in Section 61 of the Crimes Act 1900 (NSW) is regarded as the least serious type of assault. It states:
“Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.”
It is defined as an intentional or reckless act that creates fear of immediate or unlawful violence, even if the victim is not physically touched.
An example of common assault is if an person threatens to physically harm another person, even if they don’t actually make physical contact with the victim.
For example, if an individual produces a weapon, such as a knife, and threatens to harm another person, they could be charged with common assault. This would be considered a criminal offence because the individual’s actions created fear of immediate or unlawful violence, even though they did not physically touch the victim.
Can I go to gaol if I am convicted of a common assault?
Yes. The maximum penalty for this offence is two years in imprisonment.
What is Assault Occasioning Actual Bodily Harm (AOABH)?
Assault Occasioning Actual Bodily Harm (AOABH) is a more serious type of assault, as outlined in Section 59 of the Crimes Act 1900 (NSW).
This charge applies when an individual assaults someone, resulting in injury that is more than trivial and interferes with the victim’s health and comfort.
Examples of injuries that are considered “actual bodily harm” can include:
- Bruising, swelling, or cuts that go beyond minor surface injuries.
- Black eyes or swollen jaws.
- Broken bones, but not necessarily major fractures.
- Loss of consciousness.
- Psychological or emotional harm that has a lasting impact on the victim.
Can I do to gaol if I am convicted of an AOABH?
Yes. The maximum penalty for this offense is five years imprisonment, and the sentence can be even higher for individuals who commit AOABH in the company of others, with a maximum of seven years in prison.
What is Wounding or Causing Grievous Bodily Harm (GBH)?
Reckless Wounding or Causing Grievous Bodily Harm is an even more serious type of assault, which is likely to result in full-time imprisonment upon conviction.
Section 33 of the Crimes Act 1900 (NSW) outlines the maximum penalties for these offenses, which can range up to 25 years in prison, depending on the circumstances.
These charges are applied when serious injury is inflicted, often involving the use of weapons such as knives that are used in a stabbing, and can be based on intentional or reckless acts.
This class of offence is the most serious of assaults short of attempt murder and carries severe penalties.
Examples of injuries that are considered “occasioning grievous bodily harm” include:
- Permanent disfigurement, such as scarring or loss of a limb, insertion of metal plates etc.
- Fractures of bones.
- Loss of consciousness or sensory function.
- Significant internal injuries, such as organ damage.
- Severe burns or lacerations.
Examples of injuries that are considered “wounding” include:
- Cuts or lacerations that require stitches or medical attention
- Stab wounds
- Gunshot wounds
- Bite marks that break the skin
- Injuries that result in significant loss of blood.
What is Reckless Wounding or Causing Grievous Bodily Harm?
Section 35 of the Crimes Act 1900 (NSW) outlines Reckless Wounding or Causing Grievous Bodily Harm and carries a range of sentences from 7 to 14 years imprisonment.
Recklessness means that at the time of the infliction of the injury the person realised or foresore they may possibly inflict or cause the harm (AOABH or GBH) but went ahead and did the act anyway: Blackwell v R (2011) 81 NSWLR 119; [2011] NSWCCA 93.
An example of a “reckless wounding” or “grievous bodily harm” would be a person swinging around a knife in a public place and not caring about who may get hurt and ultimately cutting someone with the knife. The person in this case has acted recklessly without concern for others, resulting in an injury.
In both cases it could be a wounding if the cut from the knife pentrated below the top layer of skin (dermis) or grievous bodily harm if the cut was so deep it caused blood loss to the point of the person losing conciousness, resulted in a prominent scar, loss of movement of the limb caused by the cut, or organ damage such as a laceration to the liver which caused damage to the organ.
These offences can be proved by the actions or conduct (objective factors) of the person as well as what the person was thinking (subjective factors).
Section 4 of the Crimes Act 1900 (NSW) outlines the definition of Grievous Bodily Harm and includes:
(a) The destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and
(b) Any permanent or serious disfiguring of the person, and
(c) Any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).
These offences occur when serious injury is occasioned, and which may involve the use of a weapon as described in the example with the knife.
What is Wounding?
The meaning of ‘wounding’ has been established as any injury that penetrates through multiple layers of the skin. The breaking of the epidermis (top layer) is insufficient to establish the offence of wounding. The prosecution must prove, usually through an expert medical opinion, that multiple layers were penetrated such as the dermis (middle layer) and or the hypodermis (bottom or fatty layer).
Whether the acts are to be regarded as “intentional” or “reckless” will be a question for the court (tribunal of fact) to determine at a hearing of the matter.
Sentencing for assault matters
There are Standard Non-Parole Periods for these offences which are set out below.
Offence and Standard Non-Parole Periods:
Section 33(1) – Wounding with intent – 7 years imprisonment
Section 35(1) – Reckless GBH in company – 5 years imprisonment
Section 35(2) – Reckless GBH – 4 years imprisonment
Section 35(3) – Reckless wound in company – 4 years imprisonment
Section 35(4) – Reckless wounding – 3 years imprisonment
Alternative Verdicts
Section 33
If on the trial of a person charged with an offence against this section the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence against section 35, the jury may acquit the person of the offence charged and find the person guilty of an offence against section 35. The person is liable to punishment accordingly.
Section 35
If on the trial of a person charged with an offence against any subsection of this section 35 and 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.
Conclusion
The seriousness of an assault charge can range from minor common assault to severe wounding or causing serious injury with intent.
If you are facing any type of assault-related charges, it is important to take immediate action and seek the help of a qualified criminal defence lawyer.
At McDonald Law, we have the experience, expertise, and dedication to help you achieve the best possible outcome in your case.