StandardCriminal Law
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Serious charges

Assault charges in NSW, from common assault to grievous bodily harm

The four main assault offences, what each requires the prosecution to prove, where the line between them falls, the defences, and which of them you should not face alone.

Reading time 8 minApplies to NSW
The short answer

Assault in NSW runs from common assault, which needs no injury and carries two years, to wounding or grievous bodily harm with intent, which carries 25 years and goes to the District Court. Where your charge sits depends on the injury, the intent, and the circumstances, and the difference between two charges can turn on a medical report. Self-defence is the main defence and once raised the prosecution must disprove it.

What to do this week
  1. Find the section on your notice: s 61, s 59, s 35 or s 33 tell you which of the four you faceSection 2 of this guide
  2. Do not contact the other person, and if the matter is domestic violence flagged, read that guide firstDomestic violence guide
  3. Write down what happened, for your lawyer only, while it is freshSection 5 of this guide
Am I in the wrong place?

Common assault with no injury, no weapon and no domestic relationship is the only assault charge in this guide that a first-time offender should consider self-representing on. Everything else here is a matter for a lawyer, and a domestic violence flag on any of them makes that certain.

Quick reference
Common assault, s 61Maximum 2 years. No injury required. Local Court
Assault occasioning actual bodily harm, s 59Maximum 5 years, 7 in company. Usually Local Court
Reckless wounding or GBH, s 35Maximum 7 to 14 years. Usually District Court
Wounding or GBH with intent, s 33Maximum 25 years. District Court
Main defenceSelf-defence, ss 418 to 423

1The spectrum

Start here

The charge police lay is determined by three things: the harm caused, the state of mind they say you had, and the circumstances, such as a weapon, more than one attacker, or a domestic relationship. The same punch can be common assault if it leaves no mark, assault occasioning actual bodily harm if it leaves a bruise, reckless grievous bodily harm if it breaks a jaw, and grievous bodily harm with intent if the prosecution can prove you meant to cause serious injury. Read the section number on your notice before anything else, because it decides the court, the penalty range, and whether this site can help you.

2The four offences

What must be proved

OffenceWhat the prosecution must proveMaximumCourt
Common assault, s 61You intentionally or recklessly applied force to another person, or caused them to fear immediate unlawful violence, without consent. No injury is required2 yearsLocal Court
Assault occasioning actual bodily harm, s 59An assault that caused harm more than transient or trifling: bruising, scratches, cuts, a black eye. Psychological harm that is more than fear can qualify5 years; 7 in companyLocal Court unless elected to the District Court
Reckless wounding or reckless GBH, s 35You wounded someone (broke both layers of skin) or caused really serious harm, and you foresaw the possibility of that kind of harm and went ahead anywayWounding 7 years, 10 in company; GBH 10 years, 14 in companyUsually District Court
Wounding or GBH with intent, s 33You wounded or caused grievous bodily harm and intended to cause grievous bodily harm25 yearsDistrict Court; strictly indictable

Grievous bodily harm means really serious injury: permanent or serious disfigurement, the destruction of a foetus, a serious disease, or injury that is really serious even if it heals. A broken bone usually qualifies. Whether an injury is actual bodily harm or grievous bodily harm is decided on the medical evidence, and the difference is the difference between the Local Court and the District Court.

3Defences

Self-defence

Self-defence is the defence that arises in most assault matters. It applies where you believed your conduct was necessary to defend yourself or another person, or to prevent the unlawful taking of property, and the conduct was a reasonable response in the circumstances as you perceived them. Once there is evidence raising self-defence, the prosecution must disprove it beyond reasonable doubt. The first limb is about what you actually believed; the second is about whether the response was proportionate, and that is where most self-defence arguments are won or lost.

Consent is a defence in limited settings, mostly sport and consensual fights that do not cause serious injury. Duress and necessity arise rarely. Intoxication is not a defence to assault, and for the recklessness offences it can be evidence against you.

4What makes it worse

Aggravation

Sentencing law treats an assault more seriously where a weapon was used, where it was committed in company, where the victim was a police officer, emergency worker or other public official, where the victim was vulnerable, where it was unprovoked, and where it happened in a domestic relationship. Assaulting a police officer in the execution of duty is its own offence with its own maximum. A domestic violence flag brings the framework in the guide on domestic violence charges into play from the day of charge.

5What to do now

Action

Do not contact the other person, directly or through anyone else, whatever they say to you, and comply with every bail condition. Do not discuss what happened with anyone except a lawyer. Do not post about it. Write down your own account while it is fresh, date it, and give it to your lawyer only; do not send it to police.

If the charge is common assault under s 61, with no injury, no weapon, no domestic relationship and no prior record, the possession course's method transfers: the guides on what happens after you are charged, section 10 and sentencing, and the tools for the letter, references and submissions, are the preparation. For anything above s 61, the preparation is the same but the plea decision and the hearing are not yours to run alone.

Get a lawyer if this applies

If the charge is s 59 or above, or carries a domestic violence flag

The line between actual bodily harm and grievous bodily harm, and between recklessness and intent, is drawn on medical and forensic evidence and decides which court you are in and by how many years. A consultation with the lawyers who built Standard before your first mention is the right step.

Request a consultation

General information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.