What Are The Types Of Assault Offences?
In NSW, assault offences are categorised based on their severity and the nature of the harm inflicted. The various types of assault offences include the following.
Common Assault
Common assault is a charge that does not necessarily result in injury. It can be based on the mere apprehension of physical contact, even if no actual contact occurs. This means that threatening gestures or words that make someone fear immediate and unlawful violence can be grounds for a common assault charge.
Assault Occasioning Actual Bodily Harm
This charge goes a step further than common assault. It involves injuries that might not be grievous but still interfere with the victim’s health or comfort. This can range from bruises to psychiatric illnesses directly resulting from the assault.
Assault Causing Serious Harm
This type of assault results in serious harm to the victim, which can be life-threatening or cause a permanent injury or impairment. It is a step below grievous bodily harm but more severe than actual bodily harm.
Grievous Bodily Harm
This is one of the most severe assault charges. It pertains to serious injuries, such as permanent disfigurement, causing a grievous bodily disease, or the termination of pregnancy due to bodily harm.
Aggravated Assault
Aggravated assault is when the offence is committed under circumstances that make it more severe, such as when the victim is under 16, over 60, or has a disability. It can also apply when the assault is committed in the company of others or during a home invasion.
Assault of Police Officers
Assaulting a police officer in the execution of their duty is a separate and distinct offence. This includes not only physical harm but also resisting arrest or hindering a police officer. Given the role police officers play in maintaining public order, the penalties for this offence are typically more severe.
Manslaughter And Murder Charges
Manslaughter or murder are both very serious crimes. If you have been charged with either of these offences, then it is crucial that you seek legal advice as soon as possible.
Manslaughter
Manslaughter is an offence under the Crimes Act 1900 and carries a maximum penalty of 25 years imprisonment. There are two types of manslaughter that you can be charged with: involuntary or voluntary. Involuntary manslaughter occurs where the death of the victim is caused by an unlawful and dangerous act or as a result of criminal negligence. For example, if a person is driving recklessly and involved in a car accident that results in the death of a passenger, then the driver can be charged with involuntary manslaughter. The driver did not intend to harm or kill anyone, but their dangerous behaviour directly led to that outcome.
Voluntary manslaughter is when the death has occurred due to provocation, excessive self-defence, or because of some substantial impairment caused by an abnormality of the mind. This refers to the state of a person’s mental health which may have been affected at the time the offence was committed and explains the behaviour that led to the death of the victim.
Murder
Murder is a serious criminal offence where a person causes the death of another with the intent to kill, the intent to inflict grievous bodily harm, or with reckless indifference to human life. Murder can occur because of something a person directly did or something they did not do. For example, when a person has a duty to perform a particular act for the health, safety and wellbeing of another, and the failure to perform this duty results in death or bodily harm, then this is also constituted as murder according to the legal system.
What Constitutes an Unlawful and Dangerous Act?
An unlawful and dangerous act involves behaviour that breaks the law and poses a serious risk to others. Such actions demonstrate a disregard for human life and can lead to severe consequences. This can be any activity that puts people in harm's way and could include actions such as reckless driving or handling dangerous substances carelessly. These are acts where a reasonable person would recognise the risk associated with these actions and either take precautions or not perform them at all. A person may face punishment if it becomes evident that their behaviour has resulted in the death or serious injury of another person.
What Is Your Next Step Once You Have Been Charged With An Assault Offence?
If you have been charged with assault, then it is important to seek legal advice regarding the entry of a plea and possible defences as soon as possible. This is due to the fact that Magistrates are reluctant to adjourn assault charge matters more than once before a plea is entered. An early guilty plea, where appropriate, can benefit you on sentencing as the Court will allow a “discount” on the penalty that would usually be imposed.
What Legal Defences Are Available?
Facing an assault charge does not mean a guaranteed criminal conviction. There are legal defences available to you, depending on the circumstances.
Self-Defence
The Crimes Act 1900 allows for self-defence. If you believe that your actions were necessary to defend yourself or another person and that the force used was reasonable, you might have grounds for this defence.
Consent and Lawful Correction
There are situations where physical contact is either consented to or is considered lawful correction. For instance, contact sports might involve physical interactions that participants have consented to. Similarly, parental discipline, within reasonable limits, can be considered a lawful correction.
What Are You Able To Appeal?
If you are convicted, you can appeal the conviction itself or the penalty imposed against you. Any appeal must be lodged within 28 days from the day you were convicted otherwise, you will need leave to appeal. There is no guarantee that the Court will grant you leave to appeal.
When Should You Consult A Lawyer?
Criminal law can be a complex area of law that many people are unfamiliar with. If you have been charged with an assault offence, then it is essential for you to speak to a lawyer before agreeing to be interviewed by the police. It may be appropriate for you to decline an interview in some cases, so that you may seek legal advice before you are questioned by the police.
What Are The Legal Costs Involved?
The cost of legal representation in assault charge matters varies considerably. Some matters are straightforward, and others are more complex and challenging. It is not always possible to get an accurate appraisal of the legal costs involved based on another assault charge matter because the work involved can vary considerably. At Brydens Lawyers, we pride ourselves on our fair and reasonable legal fees. If you are seeking legal advice and guidance related to an assault charge or an unlawful and dangerous act, then we can help you reach a satisfactory outcome.
Why Are Brydens Lawyers The Right Representation For You?
Navigating assault charges in NSW requires more than just an experienced criminal lawyer. This complex area of the law demands a dedicated partner who puts your personal circumstances first. At Brydens Lawyers, our specialist team of criminal lawyers are here to guide you every step of the way, ensuring clarity, support, and a robust defence strategy tailored to your unique situation.
