Aggravated assault is one of the worst forms of assault in the world of criminal law. Normal or common assault is an intentional act that causes another person to fear an attack or imminent physical harm. In other words, common assault results in little to no injuries. However, an assault that is one of the worst of its forms exists.
In New South Wales (NSW), there is no specific offence of “aggravated or serious assault” under legislation. However, there are various assault offences that the court can consider aggravated if certain factors are present.
In Criminal Law, if an offence is aggravated, the offender would naturally deal with a harsher penalty. For instance, the offender could face more severe sentences of imprisonment and heavier penalties. This article discusses aggravated assault in NSW.
What Is Aggravated Assault?
This type of assault is a summary offence. A magistrate in the magistrates can only handle this case. For an offence to reach the highest court in New South Wales just shows how bad this offence is.
As mentioned above, this grave offence will depend on various factors that a perpetrator commits. (such as the extent of violence used) that could aggravate the assault offence. These factors include, but are not limited to, the following:
- The extent of injury on the victim (whether the victim had serious injuries ),
- Premeditation and planning before committing the assault,
- Degree of violence used,
- Whether the assault was done with the intention to cause harm or recklessness,
- Whether there was any provocation by the victim
More factors that constitute aggravated assault are if the offender:
- Has a criminal record for similar offences;
- Was in a position of authority over the victim;
- Used a weapon;
- Committed the offence in breach of bail terms, parole, or an apprehended violence order; or
- Committed the offence in a domestic violence context.
The penalty for assault will depend on whether there was an aggravated assault. The presence of aggravated assault then warrants harsher penalties or higher prison sentences. Remember, the main difference between assault and aggravated assault is the absence or presence of aggravating factors or the objective seriousness of the assault.
The Assault Offences That Can Be Aggravated in NSW
There are various types of assault offences under the Crimes Act 1900 (NSW). Their penalties differ, especially when the offence is aggravated. The types of assault charges under the Crimes Act 1900 include:
- Assault against police officers;
- Sexual assault;
- Assault occasioning bodily harm;
- Wounding or grievous bodily harm with intent; and
- Grievous bodily harm by unlawful act or negligence
Look at how we define aggravated assault and the offences above. All of the factors for such an offence can affect the mentioned offences. Let’s use a sample scenario. Police officers arrive at a crime scene to arrest a person who committed murder.
The murderer resisted arrest and was able to break free. The murderer grabbed a nearby baseball bat and attacked one of the officers. Unfortunately, the murderer was able to beat up the officer with the baseball bat. The police officers were able to arrest the murderer but failed to save the officer who had broken ribs due to the attack.
What’s scary about this offence is that a person who commits any assault can choose to escalate it to aggravated assault. Did they have the intention to do it in the first place or were coerced to do it? Even if they were on parole, do they have to do it again?
Assault and Other Actions Against Police Officers
Following our example, you might wonder how bad the penalty for aggravated assault against a police officer is. Offences against a police officer have a greater penalty. Section 60 of the Crimes Act 1900 will explain this.
A person who hinders or resists, or incites another person to hinder or resist a police officer in the execution of the officer’s duty commits an offence. The offender faces a maximum penalty of 12 months’ imprisonment and/or a fine of 20 penalty units.
The offence is aggravated when a person who by any means —
- wounds or causes serious bodily harm to a law enforcement officer while in the execution of the officer’s duty, and
- is reckless as to causing actual bodily harm to that officer or any other person.
In this case, the offender in our scenario above is liable to imprisonment for up to 12 years.
Assault against police officers is also aggravated when a person who by any means during a public disorder:
- Wounds or causes grievous bodily harm to a police officer while in the execution of the officer’s duty; and
- Is reckless as to causing actual bodily harm to that officer or any other person.
In this case, the offender in our scenario may be liable to imprisonment for up to 14 years.
The Crimes Act 1900 also provides for offences of assault against other law enforcement officers who are not police officers under Section 60A. Such offences have similar aggravating circumstances with those assaults against police officers.
Aggravated Assault in Sexual Offences
Sexual assault is another serious form of assault that forces a person to partake in sexual intercourse without consent. Sadly, some people use force or aggravated assault to force their sexual desires on someone else. This is never okay.
Let’s see what the Crimes Act has for offenders of this offence. Division 10, Subdivision 2, Section 61I to Section 61KB of the Crimes Act 1900 deals with sexual assault cases in NSW.
A sexual assault charge occurs when a person touches another person inappropriately without consent. It can also occur when the offender forces another to take part in a sexual activity with them. Sexual assault includes unwanted kissing and sexual touching.
The District Court handles sexual assault cases, and the offender can face penalties of up to 14 years’ imprisonment. The court can also order an extended imprisonment sentence for aggravated sexual assault.
Section 61JA of the Crimes Act 1900 provides that sexual assault is aggravated when done in the company of another person or persons and who:
- at the time of, or immediately before or after, the commission of the offence, intentionally or recklessly inflicting actual bodily harm on the complainant or any other person who is present or nearby, or
- at the time of, or immediately before or after, the commission of the offence, threatens to inflict actual bodily harm on the complainant or any other person who is present or nearby by means of a dangerous weapon or instrument, or
- deprives the complainant of his or her liberty for a period before or after the commission of the offence.
When a person commits sexual with aggravated assault, the penalty is life imprisonment.
Assault Occasioning Actual Bodily Harm
This offence constitutes a person who assaults a person resulting in serious injuries. Under Section 59 of the Crimes Act 1900, a person who assaults another and causes actual bodily harm shall be liable to imprisonment for five years.
The offence is aggravated when the offender commits the offence in the company of another person or persons. In this case, the maximum penalty imposable is 7 years imprisonment. The law considers assault occasioning immediate bodily harm a serious offence because the victim suffers injuries that could require medical treatment and interfere with the victim’s health.
How Does Intent Play a Part?
Wounding or grievous bodily harm with intent is also a serious factor for aggravated assault. Section 33 of the Crimes Act 1900 sets out the penalty for a person who, with intent to cause grievous bodily harm and:
- wounds any person, and
- causes grievous bodily harm to any person
A person who commits this offence is liable to a maximum penalty of up to 25 years’ imprisonment.
Grievous bodily harm is one of the most serious forms of assault. Under Section 4 of the Crimes Act, “grievous bodily harm” includes:
- The destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019) of the foetus of a pregnant woman, whether or not the woman suffers any other harm; and
- Any permanent or serious disfiguring of the person; and
- Any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).
Grievous Bodily Harm by Unlawful Act or Negligence
Under Section 54 of the Crimes Act 1900, an offender who, by any unlawful or negligent act, or omission, causes grievous bodily harm to any person, shall be liable to imprisonment for two years.
Seek Legal Help About Aggravated Assault Now
People who commit aggravated assault should face the legal consequences. Such an act is too serious for a person to handle alone. When you have legal options, use them to your advantage. JB Solicitors has a leading team of lawyers who can help with your case.
We can also provide legal advice and discuss possible defences for people who aggravate assault allegations. Yes, you heard that right. Even we represent clients who have such allegations or are guilty of this offence. Do you have any more queries on aggravated assault and other circumstances surrounding assault? Contact us today.
