Assault offences in Australia are classified into different levels of severity. This article focuses on the three most common assault-related charges under the criminal law system: common assault, assault occasioning actual bodily harm (ABH), and assault occasioning grievous bodily harm (GBH). Each offence carries varying legal consequences, and a conviction may result in a criminal record with lasting implications. It is essential to understand these offences, especially in the context of domestic incidents, where a criminal record may also impact other aspects of life.
Common Assault: The Most Frequent Assault Offence
Common assault is one of the most frequently charged offences in New South Wales. It refers to any act that intentionally or recklessly causes another person to fear immediate and unlawful physical contact. Importantly, even minor physical actions such as a push or shove can amount to common assault if done without consent.
Although the offence is considered less serious compared to others in this category, it is still treated seriously by the courts. In many cases we handle at Brightstone Defence, clients charged with common assault have been able to avoid a conviction, particularly when properly represented. However, the risk of a criminal record remains, so early legal advice is crucial.
Assault Occasioning Actual Bodily Harm (ABH): Moderate Physical Harm
Assault occasioning actual bodily harm (ABH) is a more serious offence than common assault. It involves causing identifiable physical injuries that go beyond transient or trifling harm. Examples include scratches that break the skin, a bloodied nose, or bruising from a physical altercation.
The police must prove that the accused not only assaulted the victim but also caused harm that qualifies as "actual bodily harm". ABH carries heavier penalties and is treated with greater severity by the courts. While Brightstone Defence has successfully defended many clients facing ABH charges—often resulting in no conviction—each case requires strategic legal representation. The presence or absence of legal support can significantly affect the outcome.
Assault Occasioning Grievous Bodily Harm (GBH): Serious Physical Injury
Assault occasioning grievous bodily harm (GBH) is one of the most serious offences in the criminal justice system. GBH involves inflicting very serious injuries, such as fractures, permanent disfigurement, or life-threatening harm. Due to the severity of the injuries, the penalties are correspondingly high, including lengthy prison terms.
If you are facing GBH charges, the legal process may begin with a bail application. Securing bail and preparing a comprehensive defence strategy are vital first steps. Convictions for GBH can have long-term consequences, including possible cancellation of visas or other legal entitlements.
At Brightstone Defence, our experienced team is well equipped to defend serious assault allegations and challenge the prosecution’s case with precision and care.
Frequently Asked Questions (FAQ)
- What is the difference between ABH and GBH?
ABH refers to moderate injuries like bruising or minor cuts, while GBH involves serious injuries such as fractures or permanent harm.
- Can I be charged with common assault without causing injury?
Yes. Common assault does not require physical injury. Any unlawful and non-consensual physical contact, or threat of it, may be sufficient.
- What should I do if I am charged with an assault offence?
You should seek immediate legal advice. The earlier you involve a criminal defence lawyer, the better your chances of achieving a favourable outcome.
- Can assault charges affect my record even if I avoid prison?
Yes. A conviction can appear on your criminal record even if no prison sentence is imposed. However, legal strategies may be available to avoid a conviction entirely.
Need Urgent Legal Advice?
If you or someone you care about has been charged with an assault offence, contact Brightstone Defence immediately. Our skilled lawyers specialise in defending all types of assault charges and understand the importance of a swift and strategic response. We are committed to protecting your rights and achieving the best possible result, no matter the complexity of your case.
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