Taree lawyers

Being charged with assault can be a very stressful experience. A conviction
of assault can have serious impacts on your family, your job prospects, and
your ability to travel overseas. It is therefore of the utmost importance to
have specialist lawyers acting for you who can ensure the best outcome
possible.
Types of Assault
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There are a number of common types of assault that people are charged
with, with different elements that must be proven beyond a reasonable
doubt. Common types of assault include the following:
· Common Assault;
· Assault occasioning actual bodily harm;
· Reckless grievous bodily harm (GBH) or wounding; and
· Grievous bodily harm (GBH) or wounding with intent.
Common Assault
A charge of common assault is the least serious type of assault that you
can be charged with. However, a guilty verdict can still have a monumental
impact on your lie. In NSW, the charge of common assault is found in s61
of the Crimes Act. A common assault is any unlawful touch of another
person that does not actually cause any injury. Common examples of
common assaults include punching, kicking and spitting on another person.
The lightest touch of another person can constitute an assault. Indeed, it is
enough for you to cause another person to fear an immediate unlawful
contact, without having actually touched the other person, for you to have
committed assault. Under the Crimes Act, the maximum penalty for this
offence is two years imprisonment.
In order to be convicted of common assault, the following elements must be
proven:
1. You unlawfully touched another person, or you caused them to
anticipate immediate unlawful force through your actions;
2. You did so recklessly or intentionally; and
3. The other person did not consent to your actions
If these elements are not proven beyond a reasonable doubt, you will not
be convicted of common assault. If an actual injury is caused to the other
person, then you will be charged with a more serious form of assault.
Assault occasioning actual bodily harm

If you assault someone and they receive a ‘non-trifling’ injury, then you will
be charged with assault occasioning actual bodily harm, as under s59 of
the Crimes Act. Examples of injuries that would constitute actual bodily
harm, but not amount to a more serious injury, include bruising, deep
scratches or a black eye. Assault causing actual bodily harm carries a
maximum sentence of 5 years. If you are found to have committed this
offence while accompanied by other people, the maximum sentence will
instead be 7 years. In order to be successfully convicted of assault
occasioning actual bodily harm, the prosecution will need to prove the
following elements beyond a reasonable doubt:
1. You unlawfully touched another person, or you caused them to
anticipate unlawful force through your actions;
2. You did so recklessly or intentionally;
3. The other person did not consent to your actions; and
4. Through your unlawful actions you caused injuries to the other
person that were more than ‘merely transient’.
If these elements are not proven beyond a reasonable doubt, you will not
be convicted of assault occasioning actual bodily harm.
Reckless grievous bodily harm or wounding
If you are alleged to have caused a serious injury to someone else, such as
an injury that is life-altering or disfiguring to the victim, or else causing a
wound (an injury that causes a break in the skin such as a split lip or a stab
wound) then you will be charged with causing grievous bodily harm (GBH)
or wounding.
If it is not alleged that you caused this harm intentionally, but were still
reckless about whether you would cause this harm to the other person, you
will be charged with causing reckless GBH or wounding under s35 of the
Crimes Act.
To be convicted of reckless GBH or wounding, the prosecution must prove
the following elements beyond a reasonable doubt:
1. You applied unlawful force to another person
2. This unlawful force resulted in a grievous injury or a wound
3. You were reckless as to whether your actions created a risk of
inflicting a grievous injury or wound.
The maximum penalty for this offence is 10 years in prison for causing
GBH, and 14 years for causing GBH in company. The penalties are 10
years for wounding in company, and seven years for wounding someone
when acting alone.
Grievous bodily harm or wounding with intent

If it is alleged that you inflicted the injuries with intent, or on purpose, you
will be charged with GBH or wounding with intent, under s 33 of the
Crimes Act NSW. This is more serious than simply inflicting grievous injury
recklessly, but it is also more difficult to prove, as, along with the above
elements, the prosecution must successfully prove beyond a reasonable
doubt that you intended to cause a grievous injury or wound at the time of
the offence. The maximum penalty for this offence is 25 years in prison.
Defences
There are a number of defences available to those who are charged with an
assault offence. Depending on your circumstances, one of these defences
may be available in your case.
Self Defence
If you can prove on the balance of probabilities that you were acting in self-
defence, you will be found not-guilty of the charges against you. The
requirements to prove self-defence are found in s418 of the Crimes Act. In
order to successfully raise the defence of ‘self-defence’, you must be able
to prove two things on the balance of probabilities:
1. That you believed your conduct was necessary to defend yourself,
another person, or property; and
2. That your conduct was a reasonable response to the circumstances
as you perceived them.
You will not succeed in this defence if, for instance, you are able to prove
that you believed your conduct was necessary to defend yourself, but are
unable to prove that your response was reasonable or proportionate. For
instance, it may be very difficult to prove that your conduct was reasonable
if someone threatens to push you and in response you stab them. The more
serious the assault charge against you is, the harder it will be for you to
prove on the balance of probabilities that you were acting in self-defence.
Other defences
Other defences that you may be able to consider, depending on the
circumstances of your case, include arguing that you were acting under
duress – that someone was forcing you to carry out illegal acts by
threatening you with death or serious harm.
Another defence that may be available is to argue that you were acting out
of necessity, where you honestly believed that your illegal actions were
necessary to prevent death or serious harm. An example of this would be if
there was a fire and you push someone out of the way while trying to
escape. The defences available to you will depend on the circumstances of
your case. It is therefore very important to have a specialist defence lawyer
who will be able to examine all the aspects of your case and advise on the

best path to take.
Should I plead guilty or not guilty to an assault
charge?
Whether or not you should plead guilty to an assault charge will depend on
the circumstances of your case and the evidence against you. Even if you
are found guilty of an assault offence, with a specialist lawyer, the impact of
this conviction can be minimal.A specialist lawyer will be able to look at the
circumstances of your case and advise whether a guilty or not guilty plea is
most appropriate in the circumstances.
If you are currently facing an assault charge or another criminal charge, we
are here to help. Our team at Sydney Criminal Law Specialists are experts
in all areas of criminal law.
Get in touch at 0434 856 436 or click here for a free consultation today!
The information provided on this website is for general
informational purposes only, and does not constitute legal
advice.