Assault and Assault Occasioning Actual Bodily Harm
There are numerous potential criminal charges arising out of an act of violence perpetrated by one person on another the most common are:
This is governed by section 61 of the Crimes Act NSW.
In essence, any act that involves physical contact with another or a threat of physical violence if it places the person in fear of immediate physical harm can constitute the offence.
There are various defences to this charge in addition to the straight denial of the facts, including self-defence pursuant to section 418 Crimes Act NSW. The most common defence pursuant to the section is the act of defending oneself or another from an act of violence. However, the conduct constituting self-defence must be a reasonable response in the circumstances.
Assault Occasioning Actual Bodily Harm
This is governed by section 59 of the Crimes Act NSW.
This is similar to common assault but involves an actual injury. The offence can carry a maximum penalty of 5 years in jail but this is reduced to a maximum of two years if dealt with in the Local Court. The majority of matters are dealt with in the Local Court unless the Prosecution elects to have the matter dealt with in the District Court where the higher maximum penalty of 5 years can apply.
Reckless Grievous Bodily Harm Or Wounding. These offences are governed by section 35 of the Crimes Act.
An act committed in the company of another resulting in grievous bodily harm or actual bodily harm can result in imprisonment for 14 Years.
A person who commits the above act on their own is liable to imprisonment for 7 Years.
Similarly, reckless wounding in the company carries a potential jail term of 10 years and if committed on their own 7 years.