Assault is an offence under section 61 of the Crimes Act 1900 (NSW) (the Act) which state:

Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two year.

Assault is the commission of any act that is intended to cause fear in another person or an act that causes another person to apprehend immediate and unlawful violence.

In the Queen v Phillips (1971) 45 ALJR 467 at 472, Chief Justice Barwick described assault as:

“apprehension of injury or the instillation of fear or freight. It does not necessarily involve physical contact with the person assaulted”

Assault does not require actual physical contact with another person. In order to prove the offence, the prosecution must prove that the act was done intentionally or recklessly and that the act made the other person apprehend immediate and unlawful violence.

Assault Occasioning Actual Bodily Harm

Section 59 of the Crimes Act (NSW) 1900 states:

(1) Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.

(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 7 years.

If an assault results in actual bodily harm, then the punishment for the offence is increased to 5 years imprisonment or 7 years imprisonment if the assault is carried out in company.

The Act has not defined the meaning of Actual bodily harm, but the courts have held that even the following amounts to actual bodily harm:

• Scratches and bruises – McIntyre v R (2009) 198 A Crim R 549 at [44]
• Serious psychological harm – Li v R [2005] NSWCCA 442 at [45]

An assault charge is serious one that usually comes with an ADVO that can easily lead to a conviction and in serious cases imprisonment. The team at Pannu Lawyers frequently and successfully defend assault charges across all courts in NSW.

Pannu Lawyers are located conveniently close to Blacktown Local Court and appear daily in Local Court of NSW, District Court of NSW and the Supreme Court of NSW. If you are charged with criminal offences and/or traffic offences, call our office on 02 9920 1787 to make an appointment.