Evidence that can be used to file assault charges include witness statements, victim statements, police reports, medical records, photos, communication records, CCTV footage or recorded video, and physical evidence.
The Crimes Act of 1900 outlines the numerous assault offences in New South Wales.
Assault is a criminal offence, and evidence needed to secure a conviction will depend on the nature and location of the assault.
Generally, the prosecution must establish that the accused intentionally or recklessly used or threatened to use force against the victim without their consent.
These elements are needed to prove that the defendant is guilty beyond a reasonable doubt.
What Evidence Is Needed For Assault?
Here are some types of evidence that can help prove an assault charge:
- Witness statements: Testimony from witnesses present at the assault or any pertinent events preceding or following it.
- Victim’s statement: The victim’s detailed account of the incident, including the circumstances, the alleged offender’s actions, and the victim’s fear of imminent and unlawful violence.
- Police report: Documentation from the police, including observations made at the site, statements taken, and any charges brought against the accused.
- Medical records: Documents or statements from medical professionals describing the victim’s injuries and treatment can help establish the use of force.
- Photos: Property damage or victim’s injuries photos can be evidence of an assault.
- Communication records: Any relevant text messages, emails, or recorded phone calls between the victim and the alleged perpetrator, particularly if they contain threats, admissions of guilt, or evidence of a motive.
- CCTV footage or other video recordings: If available, video evidence depicts the incident or events associated with the assault.
- Physical evidence: Any relevant items, such as clothing, weapons, or other objects, that may have played a role in the assault or are associated with the suspect.
Also read: How Long Does an Assault Investigation Take in Australia
What are the Common Defences for Assault Charges?
If you have the answer to the question: What evidence is needed for assault, you can lay out your defence.
Some common defences for assault charges include:
- Self-defence
- Consent
- Lawful correction
- Duress
- Accidental actions
Self-Defence
This defence asserts that the defendant used force to defend themselves, another individual, or their property from imminent danger.
The use of force must be proportionate to the threat and reasonable, given the situation.
According to Section 418 of the Crimes Act 1900 (NSW), the defendant can only use self-defence in these circumstances:
A person acts in self-defence if and only if he or she believes that the action is necessary—
- to defend oneself or another person, or
- to prevent or end the unlawful deprivation of a person’s freedom or the freedom of another person,
- to safeguard property against unauthorized taking, destruction, damage, or interference, or
- to prevent criminal trespass on any land or property or to remove a person who commits such trespass, the behaviour is a reasonable response to the circumstances perceived by that person.
Consent
The accused may sometimes argue that the alleged victim consented to apply force.
This defence is more commonly used in situations involving contact sports or consensual rough play and is generally not applicable in cases of serious injury or sexual assault.
Lawful correction
In New South Wales, parents have always been permitted to physically discipline their children with reasonable and moderate force.
Section 61AA of the Crimes Act of 1900 specifies permissible corporal punishment for children. The amount of force used must be proportional to the child’s age, health, and maturity.
No force should be applied to the child’s head or neck.
Duress
This defence is used when the defendant claims they were coerced into committing the assault out of fear of imminent harm to themselves or another person.
The defendant must demonstrate that they had a reasonable belief that the threat was real and that a person of average resolve would have acted similarly.
Accidental actions
In certain instances, the accused may assert their actions were unintentional and not intended to cause harm or terror.
Need Guidance On How to Get Assault Charges Dismissed?
At Justice Family Lawyers, we understand the complexity of assault charges and are committed to providing our clients with the highest quality legal advice and representation.
Our legal team comprises adept professionals specializing in domestic violence cases, dedicated to securing the most favourable results for our clients through their extensive expertise and commitment.
