Recklessly Causing Grievous Bodily Harm (GBH) or Wounding

• No

Physical contact is not always necessary. You can be charged with common assault simply for threatening or attempting to cause harm, as long as the victim had a reasonable fear of immediate violence.

• Yes

A conviction for common assault will result in a criminal record, which can affect your employment, travel, and future opportunities.

However, it may be possible to avoid a conviction if the court is persuaded to deal with the matter under Section 10.

Once charges are laid, it is up to the police or prosecution to proceed or withdraw them, not the victim. While a victim’s wishes may be taken into account, the decision to continue lies with the Director of Public Prosecutions (DPP) or NSW Police.

• Yes

A verbal threat can amount to common assault if it causes the victim to fear immediate and unlawful violence.

The threat must be serious enough and made in a context where the victim genuinely believes harm could occur imminently.

The main difference lies in the extent of injury. Common assault does not require proof of injury, while AOABH involves physical harm that is more than transient or trifling, such as bruises, cuts, or psychological trauma. AOABH carries heavier penalties.

You should not be found guilty if you acted in lawful self-defence. The court will consider whether you believed the force was necessary and whether your response was proportionate. This is a common and valid legal defence.

• No

Injury is not required. Common assault can occur from a threatening gesture, a slap, a shove, or any act that causes another person to fear unlawful force or experience minor physical contact without consent.

Failing to attend court may result in a warrant for your arrest being issued. It is crucial that you appear in court on the specified date or arrange legal representation to act on your behalf if possible. Always contact the court or your lawyer if you’re unsure.

• Yes, but only at the discretion of the police or the prosecution.

If there is insufficient evidence or the alleged victim refuses to cooperate, the prosecution may withdraw the charge upon the negotiation between the lawyer and the police. However, charges can still proceed even without the victim’s support.

• Yes, courts in NSW can issue a non-conviction outcome under Section 10 of the Crimes(Sentencing Procedure) Act 1999.

This means you are found guilty but no conviction is recorded. This may be more likely if the offence was minor and you have no prior record.

Common Assault involves causing fear orapprehension of immediate violence or minor physical contact withoutsignificant injury. AOABH involves an assault that causes actual physicalinjury beyond minor or transient harm.

“Actual bodily harm” includes injuries that interfere with the health or comfort of the victim and are more than insignificant. Examples include:

• Bruising or swelling
• Lacerations or cuts
• Nosebleeds

• Yes, it isan indictable offence.

However, it is triable summarily in the Local Court under certain conditions (depending on seriousness and election by the prosecution or defence).

• Yes

If a single punch causes injuries such as bruising, lacerations, or a nosebleed, it may be sufficient to support an AOABH charge.

This offence occurs when a person:

• Assaults, resists, hinders, obstructs, or intimidates a police officer,
• While that officer is acting in the execution of their duty.

It is covered under Section 58 of the Crimes Act 1900 (NSW). It includes physical force, verbal threats, or any act that interferes with an officer’s lawful role.

Resisting refers to any physical or active opposition to a lawful police action (e.g., pulling away during arrest). Hindering may involve more passive interference, such as:

• Giving false information
• Blocking police from accessing a location
• Encouraging someone else to resist arrest

• No

The officer does not need to be in uniform, but they must identify themselves clearly as a police officer.

The offence only applies when the officer is lawfully performing their duties (e.g. not off-duty or acting unlawfully).

If you can prove that you reasonably believed your actions were necessary to defend yourself or another, you may have a valid self-defence argument. This defence must be carefully supported by the circumstances and facts.

To be found reckless, the court must find that a reasonable person in your position would have realised there was a substantial risk of causing serious injury. If the risk was not obvious or foreseeable, that may be a defence. A classic example could be, one threw a glass bottle towards another person’s face, which caused a blind eye. A reasonable person would realise the eye could have been injured by do so.

In some cases, legal representatives can negotiate with the prosecution to reduce the charge to assault occasioning actual bodily harm (AOABH) or common assault, depending on the injury, evidence, and intent.

"Wounding" involves breaking both the inner and outer layers of the skin (e.g. a deep cut or puncture), while "GBH" involves more severe or permanent injuries.

Wounding with intent is serious, but GBH with intent usually results in harsher penalties due to the greater level of harm caused.

“To cause GBH or wounding with intent” means the prosecution must prove that the accused deliberately intended to cause serious harm or injury to another person, not just acted recklessly.

It is important to note that intent is a crucial element and must be proven beyond reasonable doubt.

• Yes

If the prosecution can prove there was intent to cause GBH or wounding even if the harm wasn’t permanent or as severe as intended you can still be convicted under Section 33 of the Crimes Act 1900(NSW).

• Yes

• A Criminal lawyer can help you by:
  • Explaining your rights and the legal process.
  • Assessing whether you have valid defence.
  • Negotiating with prosecutors to reduce charges or penalties.
  • Preparing your case for court and advocating on your behalf.
  • Helping minimise the impact on your future, such as avoiding a criminal record.
• Early legal advice can significantly improve your chances of a favourable outcome.

You should contact a criminal lawyer as soon as you are charged, approached by police, or if you believe you may be under investigation.

Early legal advice is critical in protecting your rights and preparing your defence.

• ‍Book a free consultation with a Criminal Lawyer.

• Look for a criminal lawyer with proven experience in defending assault and violence offences, strong knowledge of local courts, and a history of achieving successful results for clients.