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Assault Offences in New South Wales

Common Assault, Actual Bodily Harm & Grievous Bodily Harm

In New South Wales, assault offences cover a range of behaviours involving threats, force, or violence against another person. Depending on the nature and seriousness of the act, charges may range from Common Assault to Assault Occasioning Actual Bodily Harm (ABH) or Grievous Bodily Harm (GBH).

This page explains the main differences between these offences under NSW law, the penalties involved, and to give you perspective as to the seriousness of the offence(s).

If you have been charged with a assault offence and you would like assistance to understand your options, Tyson Brown is a NSW Law Society registered criminal lawyer, with a decade of experience acting for people charged with criminal and/or traffic offences. 

Call 0420 961 953‬ for personalised advice and service. 

Contact Tyson Legal

Common Assault

Definition - Under section 61 of the Crimes Act 1900 (NSW), common assault occurs when a person:

  • Intentionally or recklessly causes another person to fear immediate and unlawful violence, or
  • Applies unlawful force to another person without their consent.

No physical injury is required, the threat or minor application of force can be enough.


Examples

  • Threatening to hit someone
  • Slapping, pushing, or spitting on another person
  • Minor physical contact without lasting injury

Maximum Penalty

  • 2 years’ imprisonment, and/or
  • A fine of up to 20 penalty units (currently $2,200)

Court

Common assault is generally dealt with in the Local Court, but more serious cases may be referred to the District Court.

Assault Occasioning Actual Bodily Harm (ABH)

Definition - Assault Occasioning Actual Bodily Harm is an offence under section 59 of the Crimes Act 1900 (NSW). It occurs when an assault causes actual bodily harm, meaning injuries that are more than merely transient or trifling, but not necessarily permanent or life-threatening.

Examples

  • Bruising, swelling, or minor cuts
  • Temporary loss of consciousness
  • Emotional or psychological harm that goes beyond temporary distress

Maximum Penalty

  • 5 years’ imprisonment, or
  • 7 years’ imprisonment if committed in the company of another person

Court

ABH may be dealt with in either the Local Court or District Court, depending on the circumstances and severity.

Grievous Bodily Harm (GBH)

Definition - Grievous Bodily Harm refers to really serious injury, including permanent disfigurement, serious fractures, or life-threatening harm. GBH charges are among the most serious assault offences under NSW law.


Relevant Offences

  1. Section 35 – Reckless Grievous Bodily Harm / Wounding
    • Applies when a person recklessly causes grievous bodily harm or a wound to another.
    • Maximum penalty: up to 10 years’ imprisonment (or 14 years if committed in company).
  2. Section 33 – Causing Grievous Bodily Harm with Intent
    • Applies when a person intends to cause grievous bodily harm.
    • Maximum penalty: 25 years’ imprisonment

Examples

  • Stabbing or serious assault with a weapon
  • Causing permanent disfigurement or severe fractures
  • Serious psychological or internal injuries

Defences to Assault Charges

Possible legal defences to assault charges in NSW include:

  • Self-defence
  • Defence of another person
  • Lawful correction (in limited circumstances for children)
  • Lack of intent or accident
  • Consent (e.g. in contact sports or agreed physical activity)
  • Duress or necessity

Each case depends on its specific facts, and Tyson Legal can advise on the best defence strategy.

Seeking Legal Advice

If you or someone you know is facing a dishonesty-related charge, it is essential to seek legal advice early. Contact Tyson Legal as soon as practicable to:

  • Assess the strength of the prosecution case,
  • Identify possible defences, and
  • Negotiate with prosecutors or represent you in court.
Contact Tyson Legal Today

If you are charged with any of these offences

Assault charges are taken very seriously in NSW, and convictions can lead to imprisonment, fines, or criminal records that affect employment, travel, and future opportunities.

If you’ve been charged with an assault offence or are a victim of violence, you should seek immediate legal advice, contact Tyson Legal immediately.