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Home | Criminal laws | Assault | Common Assault
Whoever assaults any person, although not occasioning actual bodily harm shall be liable to imprisonment for two years.
To prove common assault the prosecution must establish, beyond reasonable doubt, the following:
It is extremely common for an accused person to raise self defence when charged with common assault. It has been codified in s418 of the Crimes Act 1900 (NSW), which states that if self defence is raised the burden is on the prosecution to prove, beyond reasonable doubt that:
The second part is an objective assessment and, whilst it takes into account the specifics of the situation, is not based on what the person believes. In this regard, it is often the case that a person genuinely believes that their conduct was necessary but the Court finds that it was excessive in all the circumstances.
Other offences you could raise include:
This is one of the most common offences that comes before the Local Court.
There are a range of different sentencing options for the Court to consider, such as:
Depending on your circumstances and the nature of the offence it is certainly possible to have your matter dealt with without the Court imposing a conviction. You will need to ensure you are properly prepared, the facts are consistent with your version and you case is properly advocated before the sentencing Magistrate or Judge.
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For a woman, it is very difficult to deal with harassment, stalking and intimidation. Last year, I have applied for APVO against my neighbour.
Although I had CCTV footages and other evidence, to actually go through the whole court process is stressful, especially because I decided to represent myself in the court. Once I stepped into the legal process the realization hit me that having evidence may not be enough to win and protect myself from the defendant. When you represent yourself, the defendant’s solicitor sees that as an easy winning for his client and uses intimidation tactics.
I have contacted several solicitors but was put off by their emotionlessness approach. I contacted Jonathan Jaramillo from James and Jaramillo Lawyers who offered free first consultation. Comprehensive information offered by Jonathan was very impressive. He listened attentively and took time to answer my questions. He did not tell me what I wanted to hear, but what I needed to hear. I decided to represent myself and asked Jonathan if he would guide me and advise me throughout the process. This would be more cost-effective for me. Regardless of the size of the case, Jonathan was from the beginning to the end extremely professional, prompt and kind. He explained everything clearly making me feel confident with the legal process.
I have managed to get Interim Order in the early stage of the process-mention, which was protecting me till the final hearing in March 2024 when I won the case. This outcome could not have been achieved without working with Jonathan and his professional guidance. I can’t speak highly enough about Jonathan Jaramillo and recommend him for anyone who is looking for a good, responsive and reliable solicitor, and a genuine person.
Maninder Kaur2023-03-30Just wanted to say we were so blessed that we chose James and Jaramillo Lawyers , couldn’t have asked for lawyers better than than . The situation and mess that we were in earlier these lawyers stepped in and took the stress of our shoulders. He took time to understand our circumstances and was always available to ease our minds and take pressure of our minds . We know we could count on him anytime. Thank you so much . Really appreciate all that you did .Martin Glascoe2023-03-28Very positive experience with J&J today. Despite late engagement, Jonathan was able to make the necessary time to assist, providing a detailed list of supporting artefacts I needed to support my case, even taking a call at 8pm! The case plan was fully explained and I felt confident the best result would be achieved. Thanks J&J team!Jennifer Vargas2023-03-23Thank you to Jonathan and Jamie for your support. I highly recommend J&J Lawyers as they are professional and effective. What a great outcome in my case... Gracias Jonathan!Michael Metherell2023-03-17Jonathan and his team are very good at what they do. I was dealing with Jonathan and his assistant Jamie, they were both extremely helpful and supportive with helping me prepare for my court case. Jonathan holds himself very professionally in court and is a confident lawyer. Considering my circumstances where not great and had a hard case, Jonathan handled it well and in result of this it all went in my favour. I highly recommend him and his team. Thank you Jonathan, I'm very greatfull to have found you.Gail2023-03-15Best lawyers ever very thorough has your best interests at heart I wouldn't goSidney C2023-03-08Positive experience & positive outcome - After being in contact with multiple different law firms, I found Jonathan was the right lawyer for us. He was very responsive (even outside working hours) and was able to provide us with one on one service. He took the time to understand our personal circumstances and was always available to ease our minds by providing clear and honest advice. Jonathan shows great confidence in his work which allowed us to place our trust in him for representation. During a highly stressful period, Jonathan definitely made the court process just that little bit easier. Your time and dedication to your work does not go unnoticed - thank you Jonathan!Jye Doyle2023-03-02I’d like to highly recommend Tom Seeney from James & Jaramillo Lawyers. Tom took me on as a client after I was struggling with a lawyer from another firm that took no care in my case. Tom has represented me in multiple cases now and has never failed to impress me with his professionalism and attention to detail, saving me from serious legal implications more times than I could’ve imagined. 5 stars, would not look past him.Angela Doyle2023-03-02I would like to highly recommend Tom Seeney. Mr Seeney took over my case at fairly short notice after my previous lawyer proved to be unsatisfactory. Tom was thorough, extremely knowledgeable about the law and professional in his demeanour at all times. I am so grateful that he took on my case as we got an outstanding outcome. Would highly recommend him. Big thank you from Jye, Liz and Anj.RIEG Wang2023-03-01I am so so grateful to find Tom to help my divorce case After almost one year with a really aweful law firm,which cost me a lot of money and put me in a very difficult position,i want to say big thank you to Tom,you are a great lawyer,but more importantly, a decent human To those who are stucking in a divorce case, i hope you can find a good lawyer like Tom and end the case soon!Mohammad Islam2023-02-26Very much professional and organised. I am really happy with the service they provided. Definitely recommend others to give them a call and book an appointment to see the difference.
Maninder Kaur2023-03-30Just wanted to say we were so blessed that we chose James and Jaramillo Lawyers , couldn’t have asked for lawyers better than than . The situation and mess that we were in earlier these lawyers stepped in and took the stress of our shoulders. He took time to understand our circumstances and was always available to ease our minds and take pressure of our minds . We know we could count on him anytime. Thank you so much . Really appreciate all that you did .Martin Glascoe2023-03-28Very positive experience with J&J today. Despite late engagement, Jonathan was able to make the necessary time to assist, providing a detailed list of supporting artefacts I needed to support my case, even taking a call at 8pm! The case plan was fully explained and I felt confident the best result would be achieved. Thanks J&J team!Jennifer Vargas2023-03-23Thank you to Jonathan and Jamie for your support. I highly recommend J&J Lawyers as they are professional and effective. What a great outcome in my case... Gracias Jonathan!Michael Metherell2023-03-17Jonathan and his team are very good at what they do. I was dealing with Jonathan and his assistant Jamie, they were both extremely helpful and supportive with helping me prepare for my court case. Jonathan holds himself very professionally in court and is a confident lawyer. Considering my circumstances where not great and had a hard case, Jonathan handled it well and in result of this it all went in my favour. I highly recommend him and his team. Thank you Jonathan, I'm very greatfull to have found you.Gail2023-03-15Best lawyers ever very thorough has your best interests at heart I wouldn't goSidney C2023-03-08Positive experience & positive outcome - After being in contact with multiple different law firms, I found Jonathan was the right lawyer for us. He was very responsive (even outside working hours) and was able to provide us with one on one service. He took the time to understand our personal circumstances and was always available to ease our minds by providing clear and honest advice. Jonathan shows great confidence in his work which allowed us to place our trust in him for representation. During a highly stressful period, Jonathan definitely made the court process just that little bit easier. Your time and dedication to your work does not go unnoticed - thank you Jonathan!Jye Doyle2023-03-02I’d like to highly recommend Tom Seeney from James & Jaramillo Lawyers. Tom took me on as a client after I was struggling with a lawyer from another firm that took no care in my case. Tom has represented me in multiple cases now and has never failed to impress me with his professionalism and attention to detail, saving me from serious legal implications more times than I could’ve imagined. 5 stars, would not look past him.Angela Doyle2023-03-02I would like to highly recommend Tom Seeney. Mr Seeney took over my case at fairly short notice after my previous lawyer proved to be unsatisfactory. Tom was thorough, extremely knowledgeable about the law and professional in his demeanour at all times. I am so grateful that he took on my case as we got an outstanding outcome. Would highly recommend him. Big thank you from Jye, Liz and Anj.RIEG Wang2023-03-01I am so so grateful to find Tom to help my divorce case After almost one year with a really aweful law firm,which cost me a lot of money and put me in a very difficult position,i want to say big thank you to Tom,you are a great lawyer,but more importantly, a decent human To those who are stucking in a divorce case, i hope you can find a good lawyer like Tom and end the case soon!Mohammad Islam2023-02-26Very much professional and organised. I am really happy with the service they provided. Definitely recommend others to give them a call and book an appointment to see the difference.
I highly recommend Jonathan Jaramillo and his team to anyone for their legal needs. Jonathan was extremely professional and informative throughout the whole process. As someone who is not familiar with the court process, he was immensely helpful and compassionate in helping ease my stress and anxiety leading up to my case. He achieved the best possible result for me, for which I am very grateful. I will definitely use them again for my legal criminal matters.
Katie F.
One of the best lawyers in the market. Tom and Marykate helped me with everything from A to Z. They offered me the best possible advice and took care of the whole task in a speedy and timely manner. Throughout the procedure they made me feel calm and stress-free. Definitely recommend them for a hassle-free process.
Kartik R
We had Jonathan Jaramillo represent our son for a court matter. Jonathan was very helpful, provided us with possible options, suggested the best way forward and achieved a great result for my son. Highly recommend him and his team.
R Desa
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