SPEAK WITH AN ASSAULT LAWYER IN BLACKTOWN

A person can be charged with common assault even if no physical injury occurs. This can include unwanted physical contact, a punch that does not leave visible harm, or spitting on another person. Even verbal threats, if they cause someone to fear immediate harm, may constitute common assault. The maximum penalty is 2 years in prison, though aggravating factors — such as assaulting law enforcement — may lead to harsher sentencing.

This charge applies when an assault results in identifiable physical harm. While the law does not specify an exact definition of "actual bodily harm," it generally includes injuries such as bruises, scratches, or psychological distress. A conviction carries a maximum sentence of 5 years in prison, or up to 7 years if the offence was committed in company. Unlike some offences, the prosecution does not need to prove intent — only that an assault occurred and caused harm.

Wounding is defined as an injury that breaks the skin, whether caused by a weapon or other means. The severity of the charge depends on the extent of the injury and the surrounding circumstances, such as multiple strikes or the setting of the incident. The maximum penalty for reckless wounding is 7 years in prison, increasing to 10 years if the offence was committed with others.

What is grievous bodily harm?

Grievous bodily harm (GBH) refers to serious injuries or permanent disfigurement. The law does not provide a rigid list of injuries that fall under this category, but a person can still be charged even if the victim eventually recovers. Courts determine on a case-by-case basis whether an injury meets the legal standard for GBH. A conviction carries a maximum sentence of 10 years in prison, increasing to 14 years if the act was committed with others.

What constitutes recklessness?

Recklessness applies when an individual understands that their actions could cause harm but proceeds regardless. The prosecution must demonstrate that the accused was aware of the potential for injury. For instance, if a person throws a punch knowing it could fracture someone’s nose, they may be considered reckless in causing that harm, meeting the legal standard for this offence.

Unlike reckless grievous bodily harm (GBH), this charge requires proof that the accused deliberately intended to inflict serious injury. The prosecution must establish that the harm was not accidental but a premeditated act. A conviction carries a maximum penalty of 25 years in prison.

Assaulting a police officer is considered a serious offence, with courts focusing on deterrence. The maximum sentence is 5 years in prison. Additional charges that apply to offences involving police include:

• Assault, throw missile at, stalk, harass or intimidate – maximum penalty is 5 years imprisonment
• Assault occasioning actual bodily harm – maximum penalty is 7 years
• Wound or inflict grievous bodily harm – maximum penalty is 12 years

These laws were introduced to address single-punch assaults that result in death. A conviction carries a mandatory minimum sentence of 8 years, with a maximum penalty of 20 years, or 25 years if the offender was intoxicated at the time.

To secure a conviction, the prosecution must prove that the accused intentionally delivered an unlawful strike that directly led to the victim’s death. This offence carries more severe penalties than manslaughter due to its specific focus on fatal, unprovoked assaults

Choking, suffocating, or strangling another person is a serious offence under the law. A conviction can result in a prison sentence of up to 25 years

This charge typically applies to cases of drink spiking but also includes administering alcohol, drugs, or other substances with the intent to commit a serious crime. If the substance poses a risk of harm, penalties increase. The maximum sentence for this offence is 25 years in prison.

When evaluating the gravity of a personal violence offence, the court will consider the following elements:

• Extent and Nature of the Victim’s Injuries: The seriousness of the victim’s injuries is key in assessing the offence's severity and determining the appropriate sentence. Generally, more serious injuries result in a more severe offence and a harsher penalty.
• Degree of Violence Inflicted by the Offender: The level of violence used by the offender will influence the sentencing decision. More violent attacks typically incur more severe penalties.
• Intention/Mental Element: This consideration is typically governed by the legislation that defines the offence.

Some circumstances can escalate an assault charge, leading to harsher penalties. These factors are commonly considered in personal violence offences and can heavily influence sentencing. When present, they increase the likelihood of stricter punishments being imposed by the court. Examples include:

• Weapons – actual use or threatened use in the commission of the assault. This includes weapons such as knives, firearms, syringes, glasses or broken bottles
• Premeditation – Where premeditation or planning is a factor, the court will look to the degree of premeditation when determining the seriousness of the offence committed
• Unprovoked offence – Where the attack is unprovoked and unjustified
• Offence committed in company – Where the offence is committed in the company of others
• Vulnerable victim – Where the victim is vulnerable (for example, due to age, disability or occupation i.e. a service station attendant or bus driver or security officer)
• Commission of offence in victim’s home – for example during a robbery or where the accused has entered the property of the victim and then assaulted them
• Gratuitous cruelty – This is where the offence goes beyond just being violent in nature, it includes situations where the offender has gone beyond having no justification for causing pain. An example of gratuitous cruelty is found where the offender tortured the victim or the offender punches or kicks a pregnant woman in the stomach, causing a miscarriage. Another example of gratuitous cruelty was where a victim (who was 3) suffered 57 injuries including internal injuries and dehydration as well as bite marks
• Substantial harm – Where the injury, emotional harm, loss or damage caused by the offence was substantial, for example where the victim has suffered ongoing medical problems and not been able to work as a result of the assault
• Intoxication – Intoxication can be a result of either alcohol or drugs.

Certain circumstances can lessen the seriousness of an offence and influence the court to impose a reduced sentence. These mitigating factors are considered when determining penalties and may lead to a more lenient outcome. Examples include:

• Injury or harm not being substantial – for example if the victim’s wounds are healed or were not substantial in the first place
• Provocation – where the offender was provoked by the victim into committing the offence
• Sexual assault
• Indecent assault
• Drug possession and supply
• Fraud charges
• Money laundering
• ASIC offences
• Insider trading
• Theft charges
• Shoplifting
• Firearms offences
• Land and Environment Court prosecutions
• Local Council prosecutions
• Local Court, District Court and Supreme Court trials including homicide charges.