An assault is where one person causes another to apprehend immediate an unlawful violence, and can occur where there is no physical contact at all – such as raising a fist at another in anger – as well as where there is intentional or reckless physical contact without the other person’s consent.
There are a a range of assault offences in New South Wales – from common assault which can occur as outlined above, to ‘assault occasioning actual bodily harm’ which requires the infliction of an injury that is more than just ‘transient or trifling’, to ‘wounding’ – in other words, penetrating both layers of the skin, or inflicting grievous bodily harm (GBH) – or ‘really serious harm’- recklessly (being where a person was aware this could occur but proceeded regardless), to intentionally wounding or causing GBH.
Being charged with an assault offence can be stressful, but it is important to be aware the prosecution is required to prove every ‘essential element’ (ingredient) of the offence beyond a reasonable doubt, and also to disprove to the same high standard any legal defence (such as self-defence, duress or necessity) that is raised on the evidence.
Read on for more information about assault offences.
Recent Success Stories
- Not Guilty of All Six Charges of Sexual Assault and Assault Occasioning Actual Bodily Harm
- Sexual Touching and Assault Occasioning ABH Charges Withdrawn, and No Conviction Recorded for Common Assault
- Not Guilty of Affray and Assault Occasioning Actual Bodily Harm in Company
- Wounding With Intent Charges Withdrawn
- Assault Occasioning Actual Bodily Harm Charge and AVO Dropped
- Assault Occasioning Actual Bodily Harm Charge and AVO Thrown Out of Court
- All Allegations of Assault (Domestic Violence) Withdrawn and Dismissed
- All Charges including 2 Assault Charges, 3 Assault Police Charges and Drug Possession Dismissed
- Not Guilty of Aggravated Indecent Assault and Prosecution Ordered to Pay Costs
- Assault Charge and Apprehended Domestic Violence Order Dropped
Recent Articles
- Police Under Investigation Over Another Alleged Assault at Care Facility
- Victoria Set to Introduce Discrete Criminal Offence of Non-Fatal Strangulation
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- NSW Police Watchdog Recommends Assault Charges for Brutality Against Teen
- William Tyrell’s Foster Parents in Court Over Alleged Child Abuse