⚖️ WHAT IS SECTION 58 OF THE CRIMES ACT?
Under Section 58 of the Crimes Act 1900 (NSW), it is a criminal offence to assault another person with the intent to commit a serious indictable offence.
This charge is more serious than common assault because it involves not only physical force or threat — but also the intent to carry out another significant crime, such as:
- Robbery
- Sexual assault
- Break and enter
- Kidnapping
- Murder or manslaughter
Section 58 is often charged alongside or instead of the intended offence, depending on what police and prosecutors can prove.
📜 LEGAL DEFINITION OF THE OFFENCE
“Whosoever assaults any person with intent to commit any serious indictable offence upon the person so assaulted, or upon any other person, shall be liable to imprisonment for up to 5 years.”
💡 WHAT IS A “SERIOUS INDICTABLE OFFENCE”?
A serious indictable offence in NSW is any offence punishable by 5 years or more in prison.
Examples include:
- Armed robbery
- Aggravated sexual assault
- Aggravated break and enter
- Intent to murder or wound
- Kidnapping or deprivation of liberty
If the prosecution can prove that your assault was committed with the intention to carry out one of these, you could face a Section 58 charge — even if the serious offence did not actually occur.
👨⚖️ PENALTIES FOR ASSAULT WITH INTENT TO COMMIT A SERIOUS OFFENCE
The maximum penalty under Section 58 is:
🧑⚖️ 5 years imprisonment
This makes it one of the most severe assault charges under NSW law. Sentences will depend on:
- The type of serious indictable offence you were allegedly trying to commit
- Level of violence used during the assault
- Whether weapons or threats were involved
- Whether the offence was planned or spontaneous
- Your personal circumstances and criminal history
✅ DEFENCES TO SECTION 58 ASSAULT CHARGES
If you’ve been charged under Section 58, it is critical to know that the prosecution must prove both the assault AND the intent to commit the further offence.
Common defences include:
❌ No intent
You did not intend to commit a serious indictable offence — only a spontaneous assault occurred.
🙅 Mistaken identity
You were not the person involved in the alleged assault.
🚫 No assault occurred
The physical actions or threats did not amount to an “assault” under the legal definition.
🔍 False allegations
The accusation was fabricated or exaggerated, often in emotionally charged situations.
🧠 Mental illness or cognitive impairment
You were suffering from a mental condition that impacted your ability to form intent.
🧪 HOW THE PROSECUTION PROVES A SECTION 58 CHARGE
To convict you under Section 58, the prosecution must prove beyond reasonable doubt that:
- You assaulted another person
- You did so with the intent to commit a serious indictable offence
If they cannot prove both elements, you may be acquitted or face a lesser charge, such as common assault, assault occasioning actual bodily harm, or attempted offence.
📚 CASE STUDY: SECTION 58 CHARGE DROPPED BEFORE TRIAL
Our client was charged with assault with intent to commit robbery after a confrontation at a train station in Sydney’s inner west. The alleged victim claimed our client had pushed them and demanded their phone.
Upon review of the CCTV footage, it became clear that no physical assault occurred, and our client had simply argued verbally. There was no demand for property, and no evidence of robbery intent.
We submitted written legal representations to the DPP, and the charge was formally withdrawn before the matter proceeded to trial.
This case highlights the importance of early legal intervention and a careful review of evidence.
🧑💼 WHY YOU NEED A SECTION 58 LAWYER IMMEDIATELY
Facing a charge under Section 58 can be life-changing — the risk of prison time is real. A specialist criminal defence lawyer can:
- Challenge the evidence of both assault and intent
- Identify weaknesses or contradictions in witness statements
- Negotiate with police or prosecutors to have charges dropped or downgraded
- Prepare a strong defence or negotiate a plea to a lesser charge
- Represent you in bail hearings, case conferences, and court proceedings
⚖️ POSSIBLE OUTCOMES
Every Section 58 case is different. Depending on the circumstances, potential outcomes include:
- Charge withdrawn due to lack of evidence
- Downgrade to a less serious offence (e.g. common assault)
- Plea deal for reduced sentencing
- Not guilty verdict at trial
- Community sentencing options (for less serious matters or mitigating factors)
- Full-time custodial sentence (in serious cases)
📝 FINAL THOUGHTS
Being charged with assault with intent to commit a serious indictable offence under Section 58 is an extremely serious legal matter, but it’s not the end of the road. With the right legal advice, you may be able to beat the charge, have it downgraded, or minimise the consequences.
The sooner you get legal help, the better your chances of protecting your future.
📞 CONTACT US
Need a criminal lawyer for a Section 58 charge in Sydney or NSW?
📱 Call: (02) 8815 8177
📧 Email: info@criminallawyersgroup.com.au
🌐 Visit: www.criminallawyersgroup.com.au
We are available 24/7 for urgent cases, bail applications, police interviews, and court representation.
Criminal Lawyers Group – Serious defence for serious charges.