NSW Laws, Matters of Violence and Matters of Domestic Violence

A brief summary and quick information for any persons charged with these offences of violence and assault.

N.S.W. Law states:

1. Common Assault

Section 61 of the Crimes Act 1900 provides:

“Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.”
The maximum penalty for a charge of ‘common assault’ in NSW is 2 years imprisonment

2. Assault Occasioning Actual Bodily Harm (AOABH)

Section 59 of the Crimes Act 1900 provides:

“Whosoever assaults any person, and thereby occasions actual bodily harm, shall be liable to imprisonment for five years.”
The maximum penalty for this charge in N.S.W. is 5 years or 7 years (if in company).

3.Reckless Wounding or Grievous Bodily Harm (GBH)

Section 35 of the Crimes Act 1900 provides:
Reckless grievous bodily harm or wounding

By definition GBH includes any permanent or serious disfiguring of the person,
The maximum penalty for this charge in NSW is 10 years or 14 years

AND

Section 35 of the Crimes Act 1900 provides:

  • Reckless wounding A person who:
  • (a) wounds any person, and
  • (b) is reckless as to causing actual bodily harm to that or any other person,
  • is guilty of an offence.
  • The maximum penalty of this charge in NSW is 7 years.

 

Legal Advice

Depending on the charge or charges you receive you should try and establish the following factors or gather some information about some keys points of the case.
A lawyer can do this for you and you should seek legal advice as soon as possible, OR you could be at risk for admitting to an offence (and the FACTS of the case established by police) that is not quite accurate.
Lawyers will seek information about the individual evidence of each case such as witnesses, availability of footage (CCTV), photographic evidence, nature of the injuries (medical information). Such information must be obtained legally.

 

Useful Steps

  1. What can and should you do? Write down points on a piece of paper that you may recall about the event. This is helpful so you do not forget.
  2. What state were you in? Had you taken any medicine or drugs that have affected your ability to make a decision or behave normally? Or do you think someone put something in your drink?
  3. Did you have any alcohol? If so, how long were you drinking for? Did you have anything to eat? Or do you think someone put something (like a drug) in your drink?
  4. Did anyone you know see the event and can they provide a truthful statement (?)
  5. Were you hurt? Have you got photo’s or medical evidence supporting your evidence?
  6. Seek advice through a lawyer as soon as possible. …..ETB offers a first free consultation. Call (02) 9188 9669 or Mobile: 0412 915 247

Don’t wait another minute to get the legal representation you need. Call the Sydney criminal lawyers who can help. Your first conference is free. Call 0412 915 247 today.

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