Assault causing death is a serious
criminal offence in NSW. It is defined in section 25(1) of the Crimes Act
1900 (NSW), which states that a person who assaults another person, and by
doing so causes the death of that person, is guilty of the offence of assault
causing death.
Under the current legislation,
assault causing death is a form of manslaughter, which is a less serious offence
than murder but still carries significant penalties. To convict of assault
causing death, the prosecution must prove beyond a reasonable doubt that the
accused person assaulted the victim, and that the victim’s death was a direct
result of that assault.
Examples of Assault causing death,
include punching, kicking, or striking someone with an object. Other examples
include pushing someone into traffic or causing an injury that leads to a fatal
medical condition.
If convicted of assault causing
death in NSW, the offender faces a maximum penalty of 25 years imprisonment.
The actual sentence imposed will depend on a range of factors, including the
circumstances of the offence, the offender’s criminal history, and any
mitigating or aggravating factors.
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*This article correctly reflects the Laws of NSW as at 21st June 2023.
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