Hashtag

Guides

The Different Types of Assault in New South Wales


When people refer to an assault, they likely do so without knowing what type of assault it was. This is simply because there are different types of assault in NSW and without expert skills and legal knowledge, you can’t distinguish between them.

So, to solve this problem, let’s look at the different types of assault in more detail. In addition, we’ll also look at what defences you have available if you happen to be accused of assault.

What are the Different Types of Assault?

Although there are two primary types of assault in New South Wales, there are several other types defined in Crimes Act 1900. Let’s look at these types in more detail.

Common Assault

Common assault occurs when a victim suffers either no significant injury or an injury that isn’t defined as serious. It could also include instances where there’s only a threat of violence that might occur in the future. Generally, cases of common assault are dealt with in local courts and seldom reach district courts.

Aggravated Assault

Aggravated assault occurs when a victim suffers more serious injuries. In other words, these assault charges refer to more serious cases. In these cases, the severity of the penalty increases as the degree of harm increases.

Actual Bodily Harm

Assault occasioning actual bodily harm occurs when the assault causes a physical or mental injury to the victim. This type of assault currently carries a maximum penalty of 5 years imprisonment and to successfully prosecute an accused, the prosecuting team must prove that the injury interferes directly with the way in which the victim goes about their life.

Grievous Bodily Harm

Assault with grievous bodily harm occurs when a victim suffers a serious injury because of the assault. Although this includes cases like a pregnancy that is lost or where a serious disease arises from the assault, it’s not necessary that the injuries have a lasting effect on the victim. Due to their serious nature, these cases typically result in imprisonment for extended periods

Wounding

Cases of wounding occur where the victim’s skin is broken beyond the first layer. To successfully prosecute these cases, the prosecuting team needs to prove that it was the accused who caused the injuries to the victim. As is the case with grievous bodily harm, these cases also typically result in imprisonment.

What are the Defences Against a Charge of Assault?

When you are charged with assault, you have several defences you can raise. These include:

  • Lawful excuse. This defence relates to cases where you engage in an act of perceived violence legally. This would, for example, be the case where a boxer hits his opponent in a boxing match.

  • Consent excuse. If the victim has consented to an activity where there is a risk of harm, you can use this as a defence.

  • Self-defence. When you assault someone in an attempt to protect yourself from harm, you can raise the defence of self-defence.

  • Intoxication. In some cases, intoxication can be an effective defence against a charge of assault. However, in most cases, it won’t be, and the court will assess this at the time of the hearing.

  • Lawful chastisement. Parents can lawfully chastise their children; however, care should be taken not to exceed what is reasonable under the circumstances.

Hopefully, this post helped you understand what the different types of assault are and what you can do when an assault charge is brought against you. If you happen to be accused of assault, get in touch with Riviere Law. We’re your legal partner in New South Wales.

News Reports

A car collision in Perth injured two persons and caused thousands of dollars in damage

An accident occurred in Perth's North-Western suburbs in the first days of December. A vehicle lost control and crashed into a house in the early hours of the morning. A man was injured when the ...

Hashtag.net.au - avatar Hashtag.net.au

Buying Your First Family Car? 4 Things To Consider

Buying your first family car is a big decision and financial purchase, you want to make sure you get the perfect vehicle. Before you can head to the dealership and secure online car finance, there...

NewsServices.com - avatar NewsServices.com

Why Australians Are Opting out of College

A survey by the Australian Government revealed that a staggering 46 percent of college-aged Australians opt-out of college. Getting a tertiary education might be a dream come true for a lot of people ...

NewsServices.com - avatar NewsServices.com

Safe on the move: forklift personal protective equipment

Employers know that protecting their team is priority number one. Not only can illness, injury, distraction or discomfort cause serious ongoing health problems for employees, it can also cause sev...

NewsServices.com - avatar NewsServices.com

5 tips for building a shipping container home

Shipping container homes have been all the designer rage in the last few years, with Instagram-worthy styles popping up all over the world. There is something so cool and funky about the shipping ...

NewsServices.com - avatar NewsServices.com

Top Reasons To Consider Enrolling Your Kids In A Private School

Sending your kids to a private school for first-class education has numerous benefits. For example, with the COVID-19 pandemic, many private learning institutions such as The King’s College have i...

NewsCo - avatar NewsCo

10 Steps To Writing A Will - A Comprehensive Guide

When it comes to writing your will, time is of the essence.  Don’t be tempted to put it off until you’re old, sick, or have spare time with nothing to do. After all, none of us knows what the f...

NewsCo - avatar NewsCo

8 Best Sites To Buy Instagram Followers, Likes & Views From

Social media is one of the great things technology has introduced to the world. Gaining online followers, especially on Instagram, is very crucial. First of all, it is essential to those who have ...

NewsCo - avatar NewsCo

Health & Wellness

Best Clinical Treatments for Broken Capillaries on Face

NewsServices.com - avatar NewsServices.com

It is upsetting and frightening to observe once-radiant skin suddenly turning crimson and then exhibiting veiny cracks. All of these symptoms are signs of broken capillaries, and when people detect ...

Why Are Men Often Reluctant to Get Skin Cancer Checks?

NewsServices.com - avatar NewsServices.com

Medical studies show that men are more likely than women to be diagnosed with skin cancer. Nearly 250,000 males are diagnosed with skin cancer or associated illnesses each year. Men's skin care prac...

What is Vascular Surgery?

NewsServices.com - avatar NewsServices.com

Most people's initial impression of vascular surgery is that it is a procedure used to make body parts like the hands and legs appear less veiny and more appealing. Although it is one advantage of...

Leadership in Healthcare: Everything You Need To Know

NewsServices.com - avatar NewsServices.com

The world as we know it today is constantly changing and evolving, and so is the healthcare industry. With new challenges and opportunities emerging more frequently, healthcare leaders must be pre...



NewsServices.com

Content & Technology Connecting Global Audiences

More Information - Less Opinion