What’s an assault?
An assault is said to have occurred when someone intentionally or recklessly causes another person to immediately apprehend unlawful violence. This may or may not involve actually touching the other person. In respect of each assault charge laid by the police, the offence type will often depend upon the seriousness of the acts or injuries, or the specific occupation of the person who was allegedly assaulted.
Various types of assault offences include the following:
- Common assault
- Assault occasioning actual bodily harm
- Recklessly / Intentionally inflicts grievous bodily harm or wound
- Assault Police
- Affray
- Sexual assault
- Manslaughter
- Murder
Most assaults are indictable offences that are dealt with summarily. To have a matter determined summarily means that the matter is dealt with in the Local Court.
What are the defences to assault?
There are defences available to allegations of assault including self defence, lawful chastisement, necessity, intoxication, duress and alibi evidence. There are also other defences available for more serious assault matters such as automatism. If you are charged with assault, contact Josh and James at McKenzie McLoughlin Law for representation. As former prosecutors and investigators, Josh and James can quickly identify the strengths and weaknesses of a prosecution case and give you honest and efficient legal advice.
Self defence
It must be said that most common form of defence to an assault is self defence. This defence arises in circumstances where one is acting to defend themselves, someone else, or property. A successful self defence case may mean that you are not guilty of the offence. It is a complete defence.
Section 418 of the Crimes Act outlines when self defence is available. It says that:
(1) A person is not criminally responsible for an offence if the person carries out the conduct constituting the offence in self-defence.
(2) A person carries out conduct in self-defence if and only if the person believes the conduct is necessary:
- to defend himself or herself or another person, or
- to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
- to protect property from unlawful taking, destruction, damage or interference, or
- to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, AND
- the conduct is a reasonable response in the circumstances as he or she perceives them.
An accused only needs to raise self defence as an issue in their case. The prosecution then has to prove that the accused was not acting in self defence beyond a reasonable doubt.
The prosecution must show either:
- That the accused did not genuinely believe that it was necessary to act as he or she did in his or her own defence or;
- That what the accused did was not a reasonable response to the danger, as he or she perceived it to be.
At McKenzie McLoughlin, we know what constitutes a good self defence case. If you have been charged by the police for an assault matter, you should call our criminal lawyers Josh and James to talk about it. We are all too aware that there are two sides to every story, and are keen to make sure that yours is heard. Josh and James and are client focused and results driven so contact them for experienced legal representation.
Why McKenzie McLoughlin Law?
At McKenzie and McLoughlin Law our two criminal lawyers, Josh McKenzie and James McLoughlin are former prosecutors. This means that they know the law, and the available defences. They also know how the police investigate their matters, and they are well versed as to how the police present their evidence at court. In addition, Josh was also an experienced criminal investigator with the NSW Police Detectives, and James was previously a solicitor for the DPP. Do not underestimate these advantages when comparing them to other criminal lawyers.
Whether the allegation be of an assault in a domestic setting, against an emergency services worker, or even where the parties are unknown, you can rest assure that by choosing our criminal lawyers to represent you, you are making an intelligent decision. There are generally advantages in acting quickly in getting legal representation if you are charged with an offence of assault. As such, you should seek out Josh and James for their expert advice and representation in this area of law.