Assaults are among the most common offences heard in the Local Court of NSW, often arising in situations involving alcohol or drugs. Our solicitors regularly represent individuals who are facing assault charges, as well as those who have been victims of physical assault.

The team at Executive Law Group is committed to protecting your legal rights and providing the guidance and confidence you need to navigate your case. Below is an overview of assault laws in NSW to give you a clearer understanding of the types of assault charges and potential penalties.

Assault under the Crimes Act 1900
Assaults are covered by Sections 56–61 of the Crimes Act 1900. Common charges include:
- Assault on a person preserving wreck
-Assault with intent to commit a serious indictable offence on certain officers
- Assault occasioning actual bodily harm
- Assault during public disorder
- Assault and other actions towards police officers
- Assaults at schools
- Common assault

Common Assault
A common assault occurs when a person physically attacks or threatens another without causing bodily harm. Penalties for common assault in NSW can include:
- Section 10 dismissal (offence proven but dismissed)
- Fine
- Good behaviour bond
- Community Service Order
- Suspended sentence
- Intensive Correction Order (periodic detention)
- Prison sentence (maximum 2 years)

Examples of common assault include:
- Threatening to harm someone
- Spitting on another person
- Hitting, punching, or kicking without causing injury

Criminal record: Any common assault conviction results in a criminal record.
Proving common assault: Police must prove beyond a reasonable doubt that the defendant:
- Intentionally or recklessly struck, threatened, or intended to injure another
- Did so without consent or lawful excuse (self-defence, accident, etc.)

Assault Occasioning Actual Bodily Harm
Actual bodily harm can be physical (temporary or permanent) or psychiatric (beyond mere fear or panic). Relevant sections include Section 59 (assault occasioning actual bodily harm) and Section 35 (assault involving wounding).
Penalties:
- Maximum 5 years imprisonment for assault occasioning actual bodily harm
- Maximum 7 years if committed in the presence of others
- Assault resulting in wounding: up to 7 years (or 10 years if witnessed)
Examples of actions:
- Assault with evidence of injury
- Wounding (cutting through the inner layer of skin)
- Grievous bodily harm under Section 4 of the Crimes Act 1900 may include:
- Permanent or serious disfigurement
- Destruction of a foetus outside a medical procedure
- Infliction of a grievous bodily disease

Lawful Defences
It is possible to defend against assault charges if a lawful excuse exists, such as:
- Acting in self-defence or to protect another person
- Responding to provocation
- Accidental actions with no intent to harm
- Acting under duress or imminent peril

Types of Assault
- Psychic assault: Intending or recklessly creating imminent unlawful contact without physical contact.
- Common assault (battery): Unlawful physical contact without the victim’s consent.

Because assault offences are serious, penalties and sentences vary based on the nature of the crime, as well as aggravating and mitigating factors considered by the court.

Our team at Executive Law Group is dedicated to protecting your rights and providing you with the information, guidance, and confidence needed to navigate the legal process effectively.