Common assault may be charged even if no physical harm is caused. Various acts can qualify, such as touching someone, punching without causing injury, or even spitting. Threats, even without contact, may also be common assault. The maximum gaol term for common assault is 2 years, though aggravating factors, such as assaulting a police officer, can increase the penalty.

Assault Occasioning Actual Bodily Harm

Assault occasioning actual bodily harm occurs when an assault results in injury to the victim. While the legislation does not specify which injuries qualify, it typically includes cases involving scratches or bruises. Psychological injuries may also fall under this offence. The maximum penalty for this offence is 5 years in prison, or 7 years if it was committed in company. Importantly, the prosecution does not need to demonstrate that the offender intended to assault the victim; they must only prove that an assault took place, that it caused actual bodily harm, and that the offender was responsible for the assault.

Wounding refers to injuries breaking the skin, as defined by the courts. A weapon isn’t necessary, and injuries may be minor. The offence’s severity depends on the wound's seriousness and attack details, like the number of strikes or the context. Reckless wounding carries a maximum of 7 years or 10 years in company.

Reckless Grievous Bodily Harm

What is grievous bodily harm? Grievous bodily harm (GBH) refers to any serious injury or significant permanent disfigurement. While there isn’t a definitive list of injuries that qualify, GBH applies even if the victim eventually makes a full recovery; permanence is not a requirement for this offence. Ultimately, it is up to the court to determine if the injury meets the threshold for grievous bodily harm. The maximum penalty for this offence is 10 years in prison, or 14 years if the act is committed in company. What constitutes recklessness? Recklessness pertains to the mental state of the offender at the time of the offence. The prosecution must demonstrate that the offender was aware that their actions could result in some form of harm. For instance, if the accused recognised that punching someone in the face could lead to a broken nose, then they are considered reckless regarding that harm, thus fulfilling the criteria for this offence.

Intent to Cause Grievous Bodily Harm

As with reckless grievous bodily harm, the injury must be classified as grievous, but here, intent to cause harm is required. The offender must have intended the injury. The maximum sentence for this offence is 25 years.

Assault of a Police Officer in the Line of Duty

Assaulting a police officer is taken seriously, with deterrence a priority for the courts. The maximum gaol term for this offence is 5 years. There are other offences that deal with the assault of police, they include: Assault, throw missile at, stalk, harass or intimidate – maximum penalty is 5 years imprisonment Assault occasioning actual bodily harm – maximum penalty is 7 years Wound or inflict grievous bodily harm – maximum penalty is 12 years.

Assault Causing Death - ‘One Punch Legislation’

This offence was introduced to address fatal one-punch assaults. It mandates an 8-year minimum, with a maximum of 20 years or 25 if the offender was intoxicated. For a charge, the assault must involve a deliberate hit, not justified by law, causing the victim's death. While similar to manslaughter, this offence carries stiffer penalties.

Attempting to choke, suffocate, or strangle someone carries a maximum of 25 years. This is a serious offence under the law.

Administering an Intoxicating Substance

Primarily dealing with drink spiking, this offence includes administering alcohol, drugs, or any mind-altering substance with intent to commit an indictable offence. The offence is more severe if the substance could cause injury, with a maximum of 25 years in prison.

Factors Courts Consider in Assault Cases

When evaluating the gravity of a personal violence offence, the court will consider the following elements: 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.

Assaults can be classified as more serious when specific aggravating factors are involved. These factors are often found in personal violence offences. When such factors are present, the resulting sentence for the offender is likely to be more severe. Examples of aggravating factors include: 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.

Just as there are factors that can escalate the severity of an offence and lead to a harsher penalty for the accused, there are also mitigating factors that can reduce the seriousness of the offence. Mitigating factors 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 charges.

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Have you been charged with assault? A conviction could lead to life-altering consequences. Fortunately, getting legal advice can help you come up with an effective strategy to challenge the charges against you. At Kells, our dedicated assault lawyers in Sydney are available around the clock to guide you through the legal process, protect your rights, and build a strong defence on your behalf.

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How We Can Assist in Assault Cases

Being charged with a criminal offence like assault is extremely stressful, especially when the stakes include the risk of losing your freedom. The stakes are too high to leave your legal representation to anyone.

At Kells, our assault lawyers in Sydney have extensive experience in assault cases and are prepared to provide vigorous representation that puts your rights first. Get in touch today to find out how we can safeguard your rights and strengthen your defence.

What do I do if I am charged with assault?

Assault covers a broad range of offences, from merely touching a person to murder. Offences that can be charged under the banner of “assault”:

Common Assault

Common assault may be charged even if no physical harm is caused. Various acts can qualify, such as touching someone, punching without causing injury, or even spitting. Threats, even without contact, may also be common assault. The maximum gaol term for common assault is 2 years, though aggravating factors, such as assaulting a police officer, can increase the penalty.
Assault Occasioning Actual Bodily Harm

Assault occasioning actual bodily harm occurs when an assault results in injury to the victim. While the legislation does not specify which injuries qualify, it typically includes cases involving scratches or bruises. Psychological injuries may also fall under this offence.

The maximum penalty for this offence is 5 years in prison, or 7 years if it was committed in company. Importantly, the prosecution does not need to demonstrate that the offender intended to assault the victim; they must only prove that an assault took place, that it caused actual bodily harm, and that the offender was responsible for the assault.
Reckless Wounding

Wounding refers to injuries breaking the skin, as defined by the courts. A weapon isn’t necessary, and injuries may be minor. The offence’s severity depends on the wound's seriousness and attack details, like the number of strikes or the context. Reckless wounding carries a maximum of 7 years or 10 years in company.
Reckless Grievous Bodily Harm

What is grievous bodily harm?

Grievous bodily harm (GBH) refers to any serious injury or significant permanent disfigurement. While there isn’t a definitive list of injuries that qualify, GBH applies even if the victim eventually makes a full recovery; permanence is not a requirement for this offence. Ultimately, it is up to the court to determine if the injury meets the threshold for grievous bodily harm. The maximum penalty for this offence is 10 years in prison, or 14 years if the act is committed in company.

What constitutes recklessness?

Recklessness pertains to the mental state of the offender at the time of the offence. The prosecution must demonstrate that the offender was aware that their actions could result in some form of harm. For instance, if the accused recognised that punching someone in the face could lead to a broken nose, then they are considered reckless regarding that harm, thus fulfilling the criteria for this offence.
Intent to Cause Grievous Bodily Harm

As with reckless grievous bodily harm, the injury must be classified as grievous, but here, intent to cause harm is required. The offender must have intended the injury. The maximum sentence for this offence is 25 years.
Assault of a Police Officer in the Line of Duty
Assaulting a police officer is taken seriously, with deterrence a priority for the courts. The maximum gaol term for this offence is 5 years. There are other offences that deal with the assault of police, they include:
- Assault, throw missile at, stalk, harass or intimidate – maximum penalty is 5 years imprisonment
- Assault occasioning actual bodily harm – maximum penalty is 7 years
- Wound or inflict grievous bodily harm – maximum penalty is 12 years.
Assault Causing Death - ‘One Punch Legislation’

This offence was introduced to address fatal one-punch assaults. It mandates an 8-year minimum, with a maximum of 20 years or 25 if the offender was intoxicated. For a charge, the assault must involve a deliberate hit, not justified by law, causing the victim's death. While similar to manslaughter, this offence carries stiffer penalties.
Attempt to Choke

Attempting to choke, suffocate, or strangle someone carries a maximum of 25 years. This is a serious offence under the law.
Administering an Intoxicating Substance

Primarily dealing with drink spiking, this offence includes administering alcohol, drugs, or any mind-altering substance with intent to commit an indictable offence. The offence is more severe if the substance could cause injury, with a maximum of 25 years in prison.

Other Factors to Consider

Factors Courts Consider in Assault Cases
When evaluating the gravity of a personal violence offence, the court will consider the following elements:
- 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.
Aggravating Factors
Assaults can be classified as more serious when specific aggravating factors are involved. These factors are often found in personal violence offences. When such factors are present, the resulting sentence for the offender is likely to be more severe. Examples of aggravating factors include:
- 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.
Mitigating Factors
Just as there are factors that can escalate the severity of an offence and lead to a harsher penalty for the accused, there are also mitigating factors that can reduce the seriousness of the offence. Mitigating factors 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 charges.

An assault conviction can remain on your record. So if you’re facing charges, take swift action. Led by former police officer and prosecutor Patrick Schmidt, our team is available 24/7 to assist with your case. Call Patrick today on 0452 502 041 for confidential advice.

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If you would like to discuss your matter with our criminal law team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.

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NSW criminal records what appears and what you need to know

By Harry Webb, Lawyer • February 2, 2026

A criminal record is an official record of a person’s criminal convictions and interactions with the criminal justice system. What shows up on your record during a background check can vary depending on the type of offences and who is conducting the check. Are all offences included in my criminal record? Not every offence results in a criminal record. Some minor offences can be dealt with by Police on the spot (sometimes called an infringement or a ‘ticket’), rather than through the courts. This is usually a matter of discretion for the police, depending on the seriousness of the offence. If your matter goes to court and you are found guilty and sentenced, it will appear on your criminal record. How long does a criminal record last in NSW? Your criminal record is usually permanent, and a lifelong record is held by the police and the courts. However, some convictions can be: “Quashed” (overturned by the court) “Extinguished” (for certain historical offences which are no longer crimes), or Become “spent”, meaning they aren’t fully erased but become non-disclosable in most situations. What are ‘spent’ convictions? In NSW, the Criminal Records Act 1991 creates a scheme which allows minor criminal convictions to become "spent" after a crime-free period. Once a conviction is spent, you generally don't need to disclose it and it usually won’t show on a police check. This scheme was designed to prevent discrimination for people who have demonstrated a change in behaviour. There are exceptions to this scheme for more serious crimes and disclosure for certain jobs like teaching and policing. All offences can become “spent”, except: Convictions with prison sentences of more than 6 months Convictions for sexual offences Convictions imposed against bodies corporate Any offences set out in the regulations. Note: The “spent” convictions scheme applies to offences and convictions in jurisdictions outside of New South Wales (such as other states) which correspond (or which correspond as closely as possible) to the relevant New South Wales offences and convictions. When is a conviction spent? Under Section 8(1) of the Criminal Records Act 1991 a conviction is spent on completion of the relevant ‘crime free’ period. This is automatic and you do not need to apply to have a conviction spent after the crime free period. For adults, this period is 10 consecutive years after the date of the conviction, during which: The person has not been convicted of an offence punishable by imprisonment The person has not been in prison because of a conviction for any offence and has not unlawfully been at large There is no statutory or prescribed exclusion that applies. For convictions in the Children’s court, this period is 3 consecutive years, where: The person has not been subject to a control order, and The person has not been convicted of an offence punishable by imprisonment, and The person has not been in prison because of a conviction for any offence and has not been unlawfully at large. Who can see my “spent” convictions? If a conviction is “spent”, you generally do not have to disclose it, and any questions about your criminal history are taken to refer only to unspent convictions. However, there are exceptions. Spent convictions may still appear when checks are made for certain roles, including: working with children police officers / law enforcement teachers and teacher’s aides disability support work corrective services staff in immigration detention centres firefighting or fire prevention Law enforcement agencies, including all State and Territory police, can also access and share information about spent convictions to other law enforcement agencies and the court. Archives and libraries can also disclose to a member of public or to another library or archive material that contains information relating to spent convictions if the material is normally available for public use. Can someone disclose my spent convictions? It is an offence for anyone with lawful access to conviction records to disclose information about spent convictions without lawful authority. The maximum penalty for doing so is $5,500 fine and/or 6 months imprisonment. It is also an offence to obtain or attempt to obtain information concerning a spent conviction fraudulently or dishonestly, and this carries the same penalty. If you have a criminal record and are unsure about what will show up, or whether a conviction is spent, you should get in touch with a criminal lawyer. Contact our highly experienced criminal and traffic law team for a FREE consultation to help you understand your criminal record and what it means for you.

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Assault Causing Death - ‘One Punch Legislation’

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