Physical Assaults

From Common Assault

We are available to be retained to appear in all assault matters. A common assault under section 61 of the Crimes Act 1900 NSW is one of the most often laid assault charges and is considered to be at the lower end of the scale of seriousness. Assaults on police are also frequent and occur in the course of an arrest. The elements of an assault are simply stated. Assaults can comprise either an assault by putting the victim in fear of imminent physical harm or (using common terminology) a battery where a person applies physical harm to the the victim. The mental element of an assault is the intention to cause apprehension or recklessness. The act of assault is that the victim was actually put in fear. It may be necessary to show that a person of reasonable firmness would be put in fear. For example, mere words used over the telephone may constitute assault but there must be a threat of violence which can be immediately be carried out. Also spitting on someone constitutes a battery. A Common Assault is an offence which carries a maximum penalty of 2 years gaol.

More serious is an offence under section 59 known as AOABH - Assault Occasioning Actual Bodily Harm. Amongst the elements to satisfied to be found guilty is if a person recklessly or intentionally assaults someone and bodily harm results. AOABH carries a gaol penalty of up to 5 years, and 7 years if committed whilst in company.

Continuing up the scale of serious are offences that constitute grievous bodily harm - GBH. This means inflicting an injury of a really serious kind and has a broad definition. Assaults with weapons such as glass, knives or guns increases the seriousness of the charges and if found guilty the penalty - usually gaol. Being in the company of other people whilst committing assaults is an escalation of assaults.