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Criminal Law » Assault and Violence

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Common assault is one of the most commonly prosecuted offences in the Local Court, with a maximum penalty of 2 years imprisonment.

Assault occasioning actual bodily harm involves an assault which inflicts some “actual bodily harm”. With a maximum penalty of 5 years imprisonment, it is a serious offence.

Committed when a person uses or threatens
unlawful violence towards another that would cause a person of reasonable
firmness present at the scene to fear for his or her personal safety.

The assault of police officers is a serious offence, primarily because of the vulnerable position police are placed in but and also because of the need for general deterrence.

Under section 546C of the Crimes Act 1900, it is an offence to resist or hinder a police officer in the execution of his or her duty. It is also an offence under this section to incite another person to assault, resist or hinder a police officer in the execution of his or her duty…. Read more »

Wounding or causing grievous bodily harm (GBH) to any person with intent is an offence under section 33 of the Crimes Act 1900. The offence carries a maximum penalty of 25 years’ imprisonment and cannot be dealt with in the Local Court. What the prosecution must prove To be found guilty of recklessly causing GBH,… Read more »

Possession or use of a prohibited weapon is serious offence carrying a significant maximum penalty of 14 years imprisonment. The Weapons Prohibition Act 1998 makes it an offence to possess or use a prohibited weapon unless the person holds a permit to possess or use the weapon.

Possessing a pistol or prohibited firearm without the requisite licence or permit is a serious criminal offence. In the Firearms Act 1996 (NSW), there are three possible offences a person can be charged with if you have possession of a firearm or pistol and do not have the necessary licence or permit. The offences are… Read more »

In New South Wales, it an offence to have possession of a knife in a public place or school, if you do not have a reasonable excuse for having possession of that knife. Possessing a knife in a public place or school is an offence in contravention of section 11C of the Summary Offences Act… Read more »

Reckless wounding is an offence under section 35 of the Crimes Act 1900 and carries a maximum penalty of 7 years’ imprisonment, or 10 years if committed in company. Reckless wounding is a “Table 1” offence, which means it can be dealt with in the Local Court unless the Prosecution or Defence elects to have… Read more »

Recklessly causing grievous bodily harm (GBH) typically involves the infliction of serious injuries on a victim. As a consequence, it is treated seriously by the courts and this is reflected in the maximum penalty of 10 years imprisonment.