Assault Causing Death is an offence under section 25A(1) of the Crimes Act 1900 which carries a maximum penalty of 20 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You assaulted another person by intentionally hitting them with any part of your body or with an object held by you,
- The assault was not authorised or excused by the law, and
- The assault caused the other person’s death.
‘Causing’ includes the death resulting from hitting the ground or another object.
The prosecution does not need to prove the death was reasonably foreseeable, or that you intended to kill or cause grievous bodily harm, or that you showed reckless indifference to human life as is required for a murder charge.
Self defence is the main defence to the charge. This is where your conduct was aimed at protecting you or another person, and was a reasonable and proportionate response to the circumstances as you perceived them at the time.
In the event you are able to raise evidence of self defence, the onus then shifts to the prosecution to prove beyond reasonable doubt that the defence does not apply to your situation. You are entitled to an acquittal if the prosecution is unable to do this.
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Assault Whilst Intoxicated Causing Death is an offence under Section 25A(2) of the Crimes Act 1900 (NSW) which carries a maximum penalty of 25 years in prison and a mandatory minimum sentence of 8 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were at least 18 years of age,
- You assaulted another person,
- You did so by intentionally,
- You did so by hitting the other person with any part of your body or with an object held by you,
- The assault was not authorised or excused by law,
- The assault caused the death of the other person, and
- You were intoxicated by alcohol, or another drug or substance, at the time of your conduct.
The assault caused the other person’s death regardless of whether the other person was killed due to injuries received directly or indirectly from the assault or from hitting the ground or an object as a consequence of the assault.
The prosecution is does not have to prove that death was a reasonably foreseeable consequence of your actions.
Evidence regarding the presence and concentration of any alcohol, drug or other substance may be given by way of a certificate of analysis of breath, blood or urine testing.
You are presumed to be intoxicated if your blood alcohol concentration was at least 0.150.
You are not guilty of the offence if:
- Your intoxication was not self-induced, or,
- You had a significant cognitive impairment at the time of your conduct.
A ‘cognitive impairment’ includes:
- An intellectual disability,
- A developmental disorder, including autism spectrum disorder,
- A neurological disorder,
- Dementia,
- A mental illness, or
- A brain injury.
Self defence is the main defence to the charge. This is where your conduct was aimed at protecting you or another person, and was a reasonable and proportionate response to the circumstances as you perceived them at the time.
In the event you are able to raise evidence of self defence, the onus then shifts to the prosecution to prove beyond reasonable doubt that the defence does not apply to your situation. You are entitled to an acquittal if the prosecution is unable to do this.
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If you are going to court for offence of Assault Causing Death, call Sydney Criminal Lawyers 24/7 on (02) 9261 8881 to arrange a free first conference with an experienced defence lawyer who will advise you of your options and the best way forward, and fight to secure the optimal outcome.
Read on for more information.
The Legislation
Section 25A of the Crimes Act 1900 deals with the offence of “assault causing death” and reads as follows:
25A Assault causing death
(1) A person is guilty of an offence under this subsection if:
(a) the person 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
(b) the assault is not authorised or excused by law, and
(c) the assault causes the death of the other person.
Maximum penalty: Imprisonment for 20 years.
(2) A person who is of or above the age of 18 years is guilty of an offence under this subsection if the person commits an offence under subsection (1) when the person is intoxicated.
Maximum penalty: Imprisonment for 25 years.
(3) For the purposes of this section, 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.
(4) In proceedings for an offence under subsection (1) or (2), it is not necessary to prove that the death was reasonably foreseeable.
(5) It is a defence in proceedings for an offence under subsection (2):
(a) if the intoxication of the accused was not self-induced (within the meaning of Part 11A), or
(b) if the accused had a significant cognitive impairment at the time the offence was alleged to have been committed (not being a temporary self-induced impairment).
(6) In proceedings for an offence under subsection (2):
(a) evidence may be given of the presence and concentration of any alcohol, drug or other substance in the accused’s breath, blood or urine at the time of the alleged offence as determined by an analysis carried out in accordance with Division 4 of Part 10 of the Law Enforcement (Powers and Responsibilities) Act 2002 , and
(b) the accused is conclusively presumed to be intoxicated by alcohol if the prosecution proves in accordance with an analysis carried out in accordance with that Division that there was present in the accused’s breath or blood a concentration of 0.15 grams or more of alcohol in 210 litres of breath or 100 millilitres of blood.
(7) If on the trial of a person for murder or manslaughter the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1) or (2), the jury may acquit the person of murder or manslaughter and find the person guilty of an offence under subsection (1) or (2). The person is liable to punishment accordingly.
(8) If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the offence is proven but is satisfied that the person has committed an offence under subsection (1), the jury may acquit the person of the offence under subsection (2) and find the person guilty of an offence under subsection (1). The person is liable to punishment accordingly.
(9) Section 18 does not apply to an offence under subsection (1) or (2).
(10) In this section,
“cognitive impairment” includes an intellectual disability, a developmental disorder (including an autistic spectrum disorder), a neurological disorder, dementia, a mental illness or a brain injury.
Why Choose Sydney Criminal Lawyers®?
Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.
Here are 12 reasons to choose our multi-award winning legal team:
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Proven Track Record of Exceptional Results
Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.
Our legal team devises effective case-strategies and fights hard to have cases dropped entirely or charges downgraded – saving clients the time, expense and stress of a defended hearing or jury trial.
Where cases nevertheless proceed, our lawyers have an outstanding track record of winning defended Local Court hearings, and complex jury trials in the District and Supreme Courts.
We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.
Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.
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Highest Level of Client Satisfaction
We have the best and most comprehensive client review record of any law firm in Australia.
Regular communication, accessibility and quality service are our team’s highest priorities.
We are committed to thoroughly explaining all steps involved in the criminal law process, providing regular updates throughout the proceedings, and making ourselves accessible and responsive.
We are passionate about providing an exceptional level of service to our clients, and we fight hard to achieve optimal results in the shortest period of time.
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Australia’s Most Awarded Criminal Law Firm
We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.
The awards recognise our exceptional track record of results, our outstanding client service, the high level of satisfaction we achieve, the affordability of our services and our overall excellence.
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Fixed Fees
We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.
We offer fixed fees for most types of criminal cases and services.Our fixed fees apply to a range of Local Court cases such as drink driving, drug possession, fraud, common assault and AVOs, and also specific services such as prison visits, bail applications, appeals and defended hearings.
Unlike many other law firms, our fixed fees are published on our website – which ensures transparency and certainty.
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Free First Appointment
For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.
We also offer a free first conference to those who have received an unsatisfactory result after being represented in court by another law firm, or after representing themselves, and wish to appeal.
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Specialist Lawyer Guarantee
We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.
This ensures our clients receive the highest quality representation from an experienced, specialist criminal lawyer.
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All NSW Courts
From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.
And we offer fixed fees for most criminal and traffic law cases throughout the state.
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Accredited Specialists
Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.
All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.
An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.
Accredited Specialists are required to undertake more training each year than other lawyers and must be successful in having their accreditation renewed every year. Specialist Accreditation is the mark of a true specialist.
Our firm’s specialist experience ensures you receive the best possible result, whatever your criminal law case may be.
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Results-Focused Law Firm
Our team is passionate about achieving results, and unlike many other law firms, our lawyers do not have monthly financial ‘budgets’ to meet.
The absence of budgets means our lawyers are entirely focused on achieving optimal results in the shortest space of time; whether by getting charges dropped or downgraded at an early stage or having cases ‘thrown out of court’.
Not having budgets also means our lawyers are not under pressure to engage in unscrupulous practices such as unnecessarily adjourning cases or ‘overcharging’ clients – which, sadly, is a common complaint against many other lawyers and law firms.
No budgets encourages regular consultation between lawyers within the firm – promoting an ‘open door’, team environment where lawyers bounce ideas off one another, formulate case strategy together and benefit from each other’s specialised experience, methods, techniques and insights.
The result is a firm which delivers optimal outcomes in the shortest time periods, at the least expense and stress to our clients.
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Team of Lawyers Behind You
Our clients benefit from the pool of knowledge that only an extensive team of experienced criminal defence lawyers can provide.
Our lawyers regularly consult one another to stay ‘ahead of the pack’ in the ever-changing field of criminal law – constantly devising, refining and implementing specialised techniques which ensure our clients achieve the best possible outcomes.
A team approach is particularly important when it comes to serious criminal cases such as murder, commercial drug cases, serious and sexual assaults, large-scale fraud, robbery and other ‘indictable’ cases.
In such matters, clients reap the benefits of several lawyers devising and executing case strategies which maximise the chances of having cases dropped or downgraded at an early stage, or ‘thrown out of court’ – often saving clients a great deal of cost, time and anxiety.
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Familiar with Magistrates and Judges
Each of our lawyers appears in court on a daily basis, and has done so for years. We have therefore been able to develop an understanding of, and rapport with, magistrates and judges in Sydney and indeed across the state.
Our team’s extensive experience before the courts ensures your case is tailored to the specific nuances of individual judicial officers, maximising the likelihood of a favourable result.
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Convenience
We have offices in locations across the Sydney Metropolitan Area and beyond, including:
We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.
For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.
If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.