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Assault Causing Death

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Assault causing death is an offence under section 25A(1) of the Crimes Act 1900 (NSW) which carries a maximum penalty of 20 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You assaulted another person,
  2. You did so intentionally,
  3. You did so by hitting the other person with any part of your body or with an object held by you,
  4. The assault was not authorised or excused by law, and,
  5. The assault caused the death of the other person.

The assault caused the other person’s death regardless of whether the other person was killed due to injuries received directly or indirectly from the assault or from hitting the ground or an object as a consequence of the assault.

The prosecution is not required to prove that death was a reasonably foreseeable consequence of your actions.

Self-defence is a complete legal defence to the charge.

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