Assault Lawyer Central Coast

What is assault?

Committing assault is a serious offence and if you’re convicted, can result in imprisonment. If you’ve experienced assault or have been accused, we’ll work hard to represent your case.

We work with clients who have been involved in assault charges including common assault, assault occasioning actual bodily harm and assault/resist police. At Spencer Lawyers, we take aggravated assault charges very seriously. We represent cases that involve indecent assault and sexual assault.

What does the law say?

Common Assault

Common Assault- the offence of common assault is contained in 61 of the crimes act 1900; Whosoever assaults any person, although not occasioning bodily harm, shall be liable to imprisonment for two years.

In NSW, common assault carries a maximum penalty of 2 years imprisonment. Frequently, individuals are charged where a person assaults another person but does not cause an injury amounting to bodily harm or grievous bodily harm.

Sexual Related Assaults

These offences include intercourse, touching and acts of a sexual nature towards another person without their consent.

What actions might constitute sexual touching?

The slightest touch / physical contact (however minimal) is sufficient to amount to an assault. This excludes touching in the course of ordinary everyday life.
The intentional touching, even over clothes, of breasts, anus, vagina or penis.
A kiss, when it has been made clear the kiss is unwanted.
Intentionally rubbing your groin against another, example; on a busy train when the other person has not given consent.

Sexual Assault

The offence of Sexual Assault is contained in section 61I of the Crimes Act 1900 which states:

Any person who has sexual intercourse with another person without the consent of the other person and who knows that the other person does not consent to the sexual intercourse is liable to imprisonment for 14 years.

In other words, this means:

Sexual intercourse
Without the other person’s consent
Knowing the other person does not consent

Sexual Harassment

Under the Sex Discrimination Act 1984, sexual harassment is defined as:

Any unwelcome sexual advance or request for sexual favours or any unwelcome conduct of a sexual nature, where a reasonable person in the same situation would be offended, humiliated or intimidated.

The following can be examples of sexual harassment, but by no means provides an exhaustive list: –

Unnecessary familiarity
Unwelcome touching;
Staring and leering
Intrusive questions or statements about your private life;
Sending sexually explicit messages

This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to call us on +61 414 709 543

Assault Causing Death 'One Punch'

Section 25B assault causing death when intoxicated-mandatory minimum sentence:

A court is required to impose a sentence of imprisonment of not less than 8 years on a person guilty of an offence under section 25A.

Any non-parole period for the sentence is also required to be not less than 8 years.

If this section requires a person to be sentenced to a minimum period of imprisonment, nothing in section 21 (or any other provision) of the Crimes (Sentencing Procedure) Act 1999 or in any other Act or law authorises a court to impose a lesser or no sentence (or to impose a lesser non-parole period).

Nothing in this section (apart from subsection (2)) affects the provisions of the Crimes (Sentencing Procedure) Act 1999 or any other Act or law relating to the sentencing of offenders.

Nothing in this section affects the prerogative of mercy.

Self Defence in Offences Involving Violence

A person is not guilty of an offence if the person carries out the conduct constituting the offence in self-defence.

A person carries out conduct in self-defence if:

(a) the person believes that the conduct is necessary in self-defence; and

(b) the conduct is a reasonable response in the circumstances as the person perceives them.