In New South Wales, assault causing death is a serious criminal offence governed by Section 25A of the Crimes Act 1900. This charge applies when a person unlawfully assaults another, and that assault directly results in the victim’s death. The law imposes significant penalties, especially in cases involving intoxication.

What Is Assault Causing Death?

Under Section 25A(1) of the Crimes Act 1900 (NSW), a person can be charged with assault causing death if the following elements are proven:

• Intentional Assault: The accused must have intentionally hit another person with part of their body or an object.
• Unlawful Conduct: The assault must not be legally justified or excused, meaning it wasn’t in self-defence, under duress, or otherwise permitted by law.
• Causation: The assault must be the direct cause of the victim’s death.

The maximum penalty for this offence is 20 years’ imprisonment.

Intoxicated Assault Causing Death – Section 25B

If the offender was intoxicated at the time of the assault and is 18 years or older, the offence falls under Section 25B of the Crimes Act. This version of the offence carries even harsher penalties, including:

• Maximum penalty of 25 years imprisonment
• A mandatory minimum sentence of 8 years, with the same period set as the non-parole period

This means the offender must serve at least 8 years in prison before becoming eligible for parole.

Defences to Assault Causing Death

While the offence is serious, legal defences may still apply, including:

• Self-defence
• Duress
• Lawful authority

However, it’s important to note that the burden of proof remains on the prosecution, who must prove each element of the offence beyond a reasonable doubt.

Example

If someone punches another individual, who then falls, hits their head on the pavement, and dies from the injury. Even if the death was unintended, the punch, if unlawful, could lead to a charge of assault causing death.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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