ASSAULT OFFENCES: WHAT IS THE OFFENCE OF ASSAULT?
R v Burstow; R v Ireland [1998] 1 AC 147 defines assault as any act, and not a mere omission to act, by which a person intentionally, or recklessly, causes another to apprehend immediate and unlawful violence.
Contrary to popular belief, an assault does not necessarily require an alleged offender to have made physical contact with the alleged victim. For example, raising a hand in a threatening manner causing someone to fear being struck may constitute assault.
The Crimes Act 1900 (NSW) sets out the various assault offences in NSW.
WHAT ARE THE DIFFERENT TYPES OF ASSAULT OFFENCES IN NSW?
The common types of assault charges are:
Common Assault
The offence of common assault is constituted as an offence under Section 61 of the Crimes Act 1900 (NSW). It is defined as an assault that does not occasion actual bodily harm and an individual convicted of the offence of common assault is liable to a maximum penalty of 2 years imprisonment.
Assault Occasioning Actual Bodily Harm
Actual Bodily harm is defined in R v Donovan [1934] KB 498 as an injury that is “more than merely transient or fleeting.” Section 59 of the Crimes Act 1900 (NSW) provides for a maximum penalty of 5 years imprisonment. If committed in company of another person or persons, the maximum penalty is increased to 7 years.
Assault Occasioning Grievous Bodily Harm
Section 4 of the Crimes Act 1900 (NSW) defines grievous bodily harm as the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019 (NSW)) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and any permanent or serious disfiguring of the person, and causing a person to contract a grievous bodily disease.
Section 33 of the Crimes Act 1900 (NSW) provides for a maximum penalty of 25 years imprisonment for anyone convicted of causing grievous bodily harm with intent to cause grievous bodily harm.
Wounding
Wounding is defined in case law as requiring breaking of the skin and Section 33 of the Crimes Act 1900 (NSW) provides for a maximum penalty of 25 years imprisonment for anyone convicted of wounding with intent to cause grievous bodily harm.
Government statistics from the NSW Bureau of Crime Statistics and Research (BOCSAR) report an increase in assault offences across NSW of approximately 3% per year between 2020 and 2024.
Our Principal and award-winning criminal lawyer Mr Steven Mercael attributes the increase in assault offences during this period to the relaxation in COVID-19 restrictions, as the relaxing of the restrictions enabled further movement and human interaction. It therefore naturally had the effect of increasing the prevalence of certain offences which generally require human interaction. Nevertheless, reports of assault offences have been widespread prior to, during and post-pandemic, particularly in suburban and regional areas and remain a concern and target of law enforcement.
If you or anyone you know have been accused or charged with an assault offence, contact Criminal Lawyers Group immediately for a free consultation.
TEENAGERS CHARGED OVER ALLEGED BUS ASSAULTS
Two teenagers have been charged after allegedly assaulting two bus drivers in Newcastle on 13 February 2025.
It is alleged that three males were fighting on a bus when the bus driver stopped and asked the trio to get off, prior to being assaulted by one of the males.
The males are alleged to have proceeded to board another bus where they caused a disturbance to passengers. The bus stopped in Glendale where all passengers exited the bus, although it is alleged the three males forced open the rear door and assaulted the bus driver.
A 14-year-old male was arrested and charged with two counts of common assault, stalk/intimidate intend fear physical etc harm, and hinder or resist police officer in the execution of duty.
A second 14-year-old male was arrested and charged with common assault and affray.
Police are continuing their inquiries into the matter.
CONTACT CRIMINAL LAWYERS GROUP NOW
Being accused or charged with an assault offence can have serious repercussions.
If you or anyone you know have been accused or charged with an assault offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our award-winning criminal law specialists have proven results in securing the best outcomes for our clients across NSW who have been charged with assault offences.