Assualt

There are multiple assault offences available in New South Wales. Each charge depends on the level or severity of the assault and any injuries caused by the assault. Not all assault offences require an injury to be caused to another person.

The common types of assault offences are:

1. Common assault.
2. Assault occasioning Actual Bodily Harm (AOABH).
3. Grievous bodily harm.
4. Affray and riot.
5. Intentional choking.

Common assault is the lowest form of assault. A charge of common assault does not require any physical contact or proof of injury. To prove a charge of common assault, the Police need to prove that you: 1) caused someone to fear unlawful violence; 2) that person did not consent; and 3) your actions were reckless or intentional.

The maximum penalty for a common assault offence is 2 years imprisonment and/or a fine of $5,500.
If you have been charged with this offence, contact our highly experienced lawyers at Elkheir Partners.

An assault causing actual bodily harm is a serious offence and taken very seriously by the courts. It is a widely prosecuted offence and involves some actual harm or injury to the victim. The scope of injuries covered by this offence is wide and includes anything from cuts and bruising to serious physical or psychological harm.

The maximum penalty for an assault occasioning actual bodily harm is 5 years imprisonment or 7 years imprisonment if the assault is committed in the company of another person.

If you have been charged with this offence, contact our highly experienced lawyers at Elkheir Partners.

Grievous bodily harm has been defined by the common law to mean really serious injury such as brain injury or bone fractures. The injuries need to have a long lasting consequence to be categorised as grievous bodily harm.

There are multiple offences relating to a GBH injury, including:

• Recklessly causing grievous bodily harm.
• Reckless causing grievous bodily harm in company.
• Causing grievous bodily harm with intent.
• Wounding with intent to cause grievous bodily harm.
• Causing grievous bodily harm with intent to murder.

Each offence is based on multiple considerations including the nature of the injury caused, the state of mind of the offender or whether a weapon was used during the offence. There are different penalties that apply for each offence.

Select cases:

• R v Abdallah [2025] NSWDC xxx
• Abdallah v R [2025] NSWCCA xxx

Affray and riot are both criminal offences that involve the use of violence or threat of violence in a public place. Although they appear to be similar, they are different offences with different penalties.

Affray is the use of violence between two or more people in a public place that would cause a reasonable person to fear for their safety. The Police do not need to prove that any person actually feared for their safety – only that the violence could have caused fear to a hypothetical reasonable person. Examples of affray include physical altercations, the use of weapons or physical threats. The maximum penalty for an affray charge is 10 years imprisonment.

Riot is the threat of violence of a group of three or more people in a public place with an intent to cause public fear or alarm. Examples of riots include all-in brawls, organised large-scale fights, mob violence, violent protests or other disturbances that threaten public safety. The maximum penalty for a riot charge is 15 years imprisonment.