A charge of Assault can encompass a range of actions from non-physical contact to causing serious injuries.
Intentional and Reckless Acts
- Intentional Act: This occurs when a person has the intention to assault another person.
- Reckless Act: This occurs when a person acts recklessly, being indifferent to the possible injury or end result to another person.
It is important to note that the offence of assault does not necessarily require the act to cause injury or even physical contact between the parties. The offence can be proven through the “apprehension of fear” of immediate and unlawful violence or force.
Elements the Prosecution is required to Prove
To prove a charge of assault, the following elements must generally be established by the Police:
- Intentional or Reckless Act: The assault was either committed intentionally or recklessly.
- Lack of Consent: The alleged victim did not consent to the act, especially crucial in cases where there is no injury.
- Apprehension of Fear: The fear of assault or violence was caused by the action of the person charged.
- Relevant Injury: If relevant to the charge, any injury caused by the assault must be proven.
These elements form the basis for establishing guilt in an assault charge and are critical components that the prosecution must prove in a court of law.
Types or Categories
- Common Assault
- Assault Occasioning Actual Bodily Harm
- Assault Occasioning Grievous Bodily Harm
- Assault with Wounding
Possible Defences
- Self-Defence
- Actions were reasonable in the circumstances
- Duress
- Necessity
- Lawful Correction:- involves disciplining your child (within reason)
- Everyday Conduct or Accepted Actions
- Consent
Assaults in Domestic Relationships
Assaults within domestic relationships are treated similarly to other assaults under the law. However, offences occurring in the context of a domestic relationship may be labelled with “DV related” (Domestic Violence related) on court documents and criminal records. While this notation does not change the required proof or penalties, it may influence the court to consider the offence more seriously due to the nature of the relationship between the parties.
Apprehended Domestic/Personal Violence Orders (AVO)
An Apprehended Domestic/Personal Violence Orders or AVO’s will often accompany these types of charges especially if the charge is Domestic Related. Apprehended Domestic/Personal Violence Orders (AVOs) are legally binding orders that restrict a person’s actions and/or conduct towards another individual. In New South Wales, AVOs are governed by the Crimes (Domestic and Personal) Violence Act 2007.
AVOs can be made for the protection of another person if that person (or a police officer) fears violence, intimidation, harassment or stalking by another person. If a person is found guilty or admits guilt to a criminal domestic offence, the AVO is usually made into a final order for a standard period of two years, unless there are exceptional circumstances. Currently, the standard period for a final AVO is two years from the date that the order was made final.