Assault Causing Death

Assault causing death is a criminal offence contained under section 25A of the Crimes Act 1900 (NSW). Assault causing death is commonly referred to as the “one punch law” was passed by parliament following a string of fatalities from alcohol-fueled violence.  This article outlines the offence of assault causing death in New South Wales.

The offence of assault causing death carries a maximum penalty of 20 years imprisonment. 

If the offender is 18 years or older and commits this offence while intoxicated, the maximum penalty increases to 25 years imprisonment and a mandatory minimum sentence of 8 years. This has been a controversial law because it removes the court’s discretion to impose a sentence that may be more appropriate in all of the circumstances.

What is Assault Causing Death?

Under section 25A of the Act, a person who assaults another person by intentionally hitting the other person with any part of the person’s body or with an object held by the person, and the assault is not authorised or excused by law, and the assault causes the death of the other person is guilty of the offence. 

The prosecution does not need to prove that the accused person intended to kill or cause grievous bodily harm to the victim or that either were reasonably foreseeable.

The Act states that an assault causes the death of a person whether the person is killed as a result of the injuries received directly from the assault or from hitting the ground or an object as a consequence of the assault.

The following acts constitute Assault Causing Death:

• You punch another person in the head which causes them to fall, hit their head on the pavement and die 
• You use a bat to hit someone in the head which results in them sustaining fatal injuries and death
• You hit someone in the face which causes them to stumble backwards and hit their head on metal railing, and they die 

What must be proven?

For a person to be found guilty of assault causing death the prosecution must prove each of the following matters beyond a reasonable doubt: 

1. You assaulted another person by intentionally hitting them with any part of your body or with an object held by you,
2. The assault was not authorised or excused by the law, and
3. The assault caused the other person’s death.

If the prosecution do not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court. The matter will still start in the Local Court, and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.

Possible Defences to Assault Causing Death

The following defences may be available for an Assault Causing Death charge:

• Self-Defence
• Duress 

Common Questions about Assault Causing Death

Will I receive a criminal conviction?

A conviction and criminal record for this offence is almost inevitable. 

In NSW, a court can impose any of the following penalties for a common assault charge.

• Gaol Sentence
• Intensive Corrections Order (ICO)
• Community Corrections Orders (CCO)
• Conditional Release Order with conviction (CRO)
• Fine
• Conditional Release Order without conviction (CRO)
• S10A
• Section 10

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for assault causing death might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to Gaol for an Assault Causing Death charge?

NSW Sentencing statistics show that 83.3% of offenders were sentenced to a full-time custodial sentence and 16.7% were sentenced to an Intensive Corrections Order (ICO).

Can a push or shove be charged under Section 25A?

The Act strictly requires that the offender assault the deceased by “hitting” them with a part of their body or an object held by them. A push or shove would likely be charged under manslaughter or murder.

What is the length of the gaol sentence if the offender was drunk?

This charge triggers a mandatory minimum non-parole period of 8 years in prison, and the maximum term is 25 years.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.