The Different Types of Assault in NSW

The Different Types of Assault in NSW

Did you know that assault is the second most common offence people are charged with in New South Wales? It is a crime that you are at the highest risk of being a victim of. It’s also quite possible that you can be accused of assault.

Did you know there are different types of assault? In this post, we’ll look at these different types in more detail and show you what defences you have available should assault charges be brought against you. Here are the different types of assault in NSW.

What are the Different Types of Assault?

There are two primary forms of assault in New South Wales; common and aggravated assault. Under these two primary forms, there are several other types of assault that constitute offences under the Crime Act. Let’s now consider the different types of assault in more detail.

Common Assault

Common assault results in either no physical injury or injuries that aren’t considered serious. However, it also includes the threat of violence that could occur sometime in the future. The charges for common assault are typically dealt with in local courts and seldom reach the district court.

Aggravated Assault

Aggravated assault generally refers to cases where there is a significant degree of harm to the victim. In these cases, the penalty is often proportional to the degree of violence. In other words, the more severe the harm, the harsher the penalty.

Actual Bodily Harm

Assault occasioning actual bodily harm refers to those cases of assault where the victim has suffered an actual physical or mental injury. In these cases, the prosecuting team needs to prove that the injuries suffered directly interfere with the victim’s ability to live their life. Currently, the maximum penalty on this charge is 5 years imprisonment.

Grievous Bodily Harm

Assault involving grievous bodily harm involves those cases where serious injuries have been inflicted on the victim. It’s important to remember, however, that these cases do not necessarily need to result in permanent effects or damage. Because of their serious nature, assault charges of this type almost always result in imprisonment for extended periods.

Wounding

Wounding refers to cases of assault where the victim’s skin was broken beyond the first layer. In these cases, prosecution teams need to prove that the accused caused the wounding, and, if successfully prosecuted, these cases almost always result in terms of imprisonment.

Are There Any Defences to Assault?

Fortunately, if you are accused of assault, you aren’t left without remedies. As such, there are several defences you can raise successfully. These defences include lawful excuse, consent, self-defence, intoxication, and lawful chastisement. Any of these defences are available in a specific case of assault, and if properly raised, they can lead to an acquittal on the charges.

Hopefully, this post helped illustrate the different types of assault in more detail and what defences you have when you’re accused. If this happens, get in touch with Riviere Law, we can help if you’ve been charged with an assault offence.