Violent Assault
What is
Violent Assault?
In New South Wales, a violent assault charge refers to a criminal offence where one person intentionally or recklessly causes physical harm (or the fear of harm) to another person. These offences fall under Part 3 of the Crimes Act 1900 (NSW) and vary in seriousness depending on the level of violence and resulting injuries. The common violent assault charges include:
Common Assault – s61 Crimes Act
Involves threatening or causing minor physical harm (e.g. slapping, pushing).
No injury or only minor injury is required.
Assault Occasioning Actual Bodily Harm (AOABH) – s59
Involves assault that causes actual bodily harm, such as bruising, swelling, or cuts.
The harm must be more than trivial.
Reckless Wounding – s35(4)
Involves causing a wound (breaking both layers of skin), either intentionally or recklessly.
Often includes the use of a weapon or serious force.
Reckless Grievous Bodily Harm (GBH) – s35
Involves causing serious or permanent injury, such as broken bones, organ damage, or permanent disfigurement.
May be committed recklessly, without intent to cause serious harm.
Intent to Cause Grievous Bodily Harm – s33
Involves intentionally causing serious injury to another person.
Considered one of the most serious assault offences.
To prove a violent assault, the prosecution must show:
The accused’s conduct was intentional or reckless
The victim did not consent
The accused did not act in self-defence, defence of another, or under duress
The penalties for violent assault can vary significantly depending on the type of assault, the severity of harm caused, and the circumstances surrounding the offence. These penalties outlined under the Crimes Act 1900 (NSW) reflect the seriousness with which assault offences are treated in the criminal justice system. The common violent assault offences and their penalties include:
Common Assault – s61
Maximum Penalty:
2 years imprisonment, or
Fines and/or good behaviour bond, depending on the circumstances.
Assault Occasioning Actual Bodily Harm (AOABH) – s59
Maximum Penalty:
5 years imprisonment, or
7 years if committed in the company of another person.
Reckless Wounding – s35(4)
Maximum Penalty:
7 years imprisonment, or
10 years if committed in company.
Reckless Grievous Bodily Harm (GBH) – s35(2)
Maximum Penalty:
10 years imprisonment, or
14 years if in company.
Intent to Cause Grievous Bodily Harm – s33
Maximum Penalty:
25 years imprisonment – one of the most severe penalties under NSW law.
Several aggravating factors can influence the severity of penalties for violent assault offences in NSW. The use of a weapon during the assault, or targeting a police officer or public official, typically results in harsher sentencing. Offences committed in the context of domestic violence are also treated more seriously by the courts. A person’s criminal history, particularly if they have prior convictions for similar offences, can significantly increase the penalty imposed. On the other hand, entering an early guilty plea may reduce the sentence by demonstrating remorse and saving court resources. Finally, the extent of the injuries inflicted and the impact on the victim—often outlined in victim impact statements—are critical considerations in determining the appropriate sentence.
Violent assault offences in NSW carry serious penalties, ranging from fines and community orders for less serious assaults, to lengthy prison sentences for more severe or intentional acts. Legal representation is vital to minimise penalties, present mitigating factors, and explore available defences such as self-defence, provocation, or lack of intent.
The Penalties of
Violent Assault
The Possible
Defence Strategies
There are several legal defences may be available to individuals charged with violent assault offences. These defences aim to either justify the accused's actions, cast doubt on the prosecution’s evidence, or reduce the seriousness of the offence. The appropriate strategy will depend on the circumstances of the incident, the evidence presented, and the specific charge laid. The possible defence strategies for violent assault charges include:
Self-Defence
One of the most common and powerful defences in assault cases. The accused must show they:
Believed their actions were necessary to defend themselves (or another person), and
Their response was reasonable in the circumstances.
If accepted, this defence results in a complete acquittal.
Lack of Intent
For most assault charges, the prosecution must prove the assault was intentional or reckless. If the defence can show the act was accidental or not deliberate, the charge may be withdrawn or dismissed.
Duress
Duress involves proving the accused was forced or threatened to commit the assault in circumstances where a person of ordinary firmness would have done the same. This may result in a complete defence.
Mental Health Defence
If the accused was suffering from a mental illness or cognitive impairment at the time of the alleged offence, and did not understand the nature or wrongness of their actions, they may be found not guilty by reason of mental illness.
The person is diverted to a mental health facility rather than prison.
Lawful Correction or Use of Force
Certain forms of physical force are lawful in specific situations, such as:
Reasonable correction by a parent (under strict limits)
Force used by security officers or police officers in the lawful execution of their duties
Consent
In very specific circumstances—such as during mutual fights or contact sports—consent may be raised as a partial defence, depending on the nature of the injuries and public interest.
Identification or Alibi Defence
If the prosecution’s case relies on witness identification, a defence may argue mistaken identity, or provide an alibi proving the accused was not present at the scene when the offence occurred.
When facing a charge as serious as a violent assault, having the right legal team is critical. At Sydney Defenders, we recognise the life-altering consequences these allegations can have—not only on an individual’s freedom, but also on their reputation, employment, and future. Our firm provides access to an exclusive network of seasoned criminal defence barristers, regularly briefed in complex and sensitive matters involving serious indictable offences. Backed by a dedicated and highly skilled legal team, we work strategically to scrutinise the prosecution’s evidence, identify flaws or inconsistencies, and develop a compelling, evidence-based defence. We are committed to delivering realistic and practical legal advice, guiding our clients through each stage to put them in the best possible position before the court.