Sydeny & Parramatta Criminal Defence Lawyers

Assault & AVOs

Assaults are a type of personal violence offence. In NSW there are a number of different offences that are a class of assault. Assault offences are serious and can result in periods of imprisonment.

What is the definition of an assault?

An assault in NSW is defined as any act — and not a mere omission to act — by which a person intentionally — or recklessly — causes another to apprehend immediate and unlawful violence. This is defined in Case law and colloquially known as Common Law Assault.

Under the Crimes Act 1900 (NSW), an assault includes both the apprehension of unlawful violence as well as the physical act of violence, the act of violence itself is referred to as a battery.


Affray

An offence where a person uses violence or threatens violence upon another person and the conduct is such as it would cause a person of reasonable firmness present at the scene to fear for his or her personal safety. This offence carries a maximum term of imprisonment of ten years.

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Assault Occasioning Actual Bodily Harm

A common assault where actual bodily harm is caused to the victim pursuant to s 59 of the Crimes Act 1900 (NSW). This offence carries a maximum penalty of five years imprisonment.

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Assault of Police

A common assault where the victim is a police officer in the execution of the officer’s duties pursuant to s 60(1) of the Crimes Act 1900 (NSW). This offence carries a maximum term of imprisonment of 5 years.

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Common Assault

Under section 61 of the Crimes Act 1900 (NSW), a person who assaults a person (unlawful physical contact or causing an apprehension of imminent physical harm) is guilty of an offence. This offence carries a maximum term of imprisonment of two years.

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Grievous Bodily Harm & Wounding

Refers to a range of personal violence offences which result in very serious bodily harm or the breaking of the skin of the victim (eg. stabbing). The relevant offences will depend on the state of mind associated with the causing of the injury (intent or recklessness). The most serious personal violence offences other than homicide.

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