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.
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.
- 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
- Do not contact the other person, and if the matter is domestic violence flagged, read that guide firstDomestic violence guide
- Write down what happened, for your lawyer only, while it is freshSection 5 of this guide
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.
| Common assault, s 61 | Maximum 2 years. No injury required. Local Court |
| Assault occasioning actual bodily harm, s 59 | Maximum 5 years, 7 in company. Usually Local Court |
| Reckless wounding or GBH, s 35 | Maximum 7 to 14 years. Usually District Court |
| Wounding or GBH with intent, s 33 | Maximum 25 years. District Court |
| Main defence | Self-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
| Offence | What the prosecution must prove | Maximum | Court |
|---|---|---|---|
| Common assault, s 61 | You intentionally or recklessly applied force to another person, or caused them to fear immediate unlawful violence, without consent. No injury is required | 2 years | Local Court |
| Assault occasioning actual bodily harm, s 59 | An assault that caused harm more than transient or trifling: bruising, scratches, cuts, a black eye. Psychological harm that is more than fear can qualify | 5 years; 7 in company | Local Court unless elected to the District Court |
| Reckless wounding or reckless GBH, s 35 | You 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 anyway | Wounding 7 years, 10 in company; GBH 10 years, 14 in company | Usually District Court |
| Wounding or GBH with intent, s 33 | You wounded or caused grievous bodily harm and intended to cause grievous bodily harm | 25 years | District 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.
Legal basis: Crimes Act 1900 (NSW) ss 4 (definitions), 33, 35, 59, 61; Criminal Procedure Act 1986 (NSW) Schedule 1 Table 1 and 2. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
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.
Legal basis: Crimes Act 1900 (NSW) ss 418 to 423, s 428D (intoxication). This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
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.
Legal basis: Crimes (Sentencing Procedure) Act 1999 (NSW) s 21A(2); Crimes Act 1900 (NSW) s 60 (assault police). This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
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.
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 consultationGeneral 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.