Mon Jan 9

The different types of assault in New South Wales and what they mean

There are different categories and classifications for assault in New South Wales, and they each carry their own charge. Of course, the types of assault will differ depending on where you live, so it’s essential to understand that this article is going to focus purely on New South Wales (NSW). Down below, we’re going to be taking a look at the different types of assault, what the penalties are and the defences. Keep reading to find out more.

What Are the Different Assault Charges in NSW?

Common assault

Common assault is defined under the Crimes Act 1900 (NSW0 Section 61 of Crimes Act 1900. It states that whomever assaults a person while not committing bodily harm will be liable for imprisonment for at least two years. This will usually be handled through a local court although it may occasionally reach a district court. It may also include a threat of violence.

Aggravated assault

Aggravated assault refers to various kinds of severe assault. Assault of this type depends on the degree of harm suffered by the victim. The more harm inflicted, the more severe the penalties.

Actual bodily harm

This refers to an assault where the victim has suffered either a mental or physical injury. The outcome of the injury must impact how a victim lives their daily life. The prosecuting team is required to prove this and the offence may carry a max jail term of seven years.

Grievous bodily harm

Grievous refers to an assault injury deemed highly serious. However, it may not have permanent lasting effects. This will also cover a loss of pregnancy or serious disease due to an assault.

Wounding

A wound is an injury in which both layers of the skin are broken. Generally, wounding will have some long-lasting impacts, and potentially a permanent scar.

What are the Assault Penalties?

Commonly, the penalty for an assault is a bond. However, the chances of a prison sentence will increase both with the seriousness of what you have done and any prior offences you may have. If you were to have a previous conviction then you could be looking at time in prison, a suspended sentence, a fine, bond, or doing some community service. As you can see there are many different penalties for assault.

What are Assault Defences?

There are a number of defences for someone who has been accused of assault. The most common in all types of assault is to show that you acted in self defence in some way. In order to do this, you would need to show that you feared an attack, and that the force you used was not excessive.

If you can show that you were provoked, coerced, under duress, there was some type of necessity or that it was a mistake, then you may also be able to defend yourself against the charge.

Hopefully now, you have a better understanding of the different types of assault in New South Wales, what they mean, and all other information that you could need to know. It’s important to understand assault charges in the state that you live in, as they do differ depending on where you reside.