ASSAULT LAWYERS KIAMA

This charge may apply even where no physical injury is visible. Conduct such as pushing, slapping, spitting, or any contact considered offensive or threatening can be sufficient. In some situations, words alone may result in a charge if they cause someone to fear immediate harm. The maximum penalty is 2 years in prison, though harsher outcomes may be imposed where aggravating factors exist, such as offences against police officers.

This offence is laid when the victim suffers identifiable injuries, such as bruises, small cuts, or medically recognised psychological harm. Importantly, the prosecution does not need to prove an intention to cause harm, only that the act led to injury. The maximum penalty is 5 years imprisonment, increasing to 7 years where the offence is committed with others.

Wounding occurs when an injury causes the skin to break, often from a weapon or object used during the incident. If the offence involved multiple strikes or occurred in a public setting, the seriousness of the charge escalates. The maximum penalty is 7 years imprisonment, which rises to 10 years if the offence was carried out in company.

What is grievous bodily harm?

Grievous bodily harm refers to injuries that are severe or long-lasting, such as broken bones, permanent scarring, loss of function, or significant health impacts. The law does not provide a fixed list of what qualifies, but courts consider the overall seriousness and consequences of the injury. Even if recovery is possible, the charge may still apply. Conviction carries a maximum sentence of 10 years, increasing to 14 years when the offence is committed with others.

What constitutes recklessness?

Recklessness applies when a person continues with conduct knowing it poses a serious risk of injury. It requires more than carelessness. The prosecution must demonstrate that the accused was aware of the risk yet proceeded regardless. For example, striking someone in the face knowing it could cause a broken nose may meet the threshold for recklessness.

This charge relates to deliberate actions where the accused intended to cause serious injury. The court must be convinced that there was a clear intent to inflict significant harm. It is treated far more seriously than reckless grievous bodily harm, carrying a maximum penalty of 25 years imprisonment.

Matters involving law enforcement are taken very seriously by the courts. Assaulting a police officer while they are carrying out their duties carries a maximum of 5 years imprisonment. Depending on the nature of the act, penalties can be higher:

• Throwing an object, stalking, or intimidating a police officer: up to 5 years
• Assault causing bodily harm: up to 7 years
• Causing serious injury or wounding: up to 12 years

This offence applies when a single unlawful strike leads to the death of another person. It is most often linked to sudden and unexpected assaults, sometimes in public or alcohol-fuelled situations. The minimum penalty is 8 years imprisonment, with a maximum of 20 years. Where drugs or alcohol are involved, the maximum rises to 25 years. The prosecution must show that the strike was the direct cause of death.

Attempting to choke, strangle, or otherwise restrict another person’s breathing is treated as a grave offence. Depending on the intent and the surrounding circumstances, a conviction can result in imprisonment of up to 25 years.

This offence often arises in cases of drink spiking but also includes administering alcohol, drugs, or other substances without consent in order to commit another crime. If the act presents a serious risk to the victim’s health or safety, the penalties are severe, with a maximum sentence of 25 years.

When deciding how serious an assault or personal violence matter is, courts weigh several elements before deciding on the outcome and sentence. Key considerations include:

• 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.

Certain circumstances can increase the seriousness of an assault charge and lead to heavier penalties. Courts in Kiama and across NSW may impose stricter outcomes where aggravating features are present, such as:

• 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.

Other considerations may lessen the severity of the penalty imposed. In some circumstances, courts may recognise mitigating elements and impose a lighter sentence. 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 charge