Facing an assault causing death charge?
Section 25A of the Crimes Act 1900 (NSW) creates serious offences where an unlawful intentional hit causes another person's death. The offence is commonly associated with so-called one-punch cases. ED Legal provides advice and representation for these charges across NSW.
The legislation distinguishes the basic offence from an offence committed by an adult while intoxicated. The prosecution case may involve CCTV, witness evidence, medical and pathology evidence, toxicology and disputes about what caused the death.
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How we can help you
We can review the prosecution brief, CCTV, medical and forensic material, toxicology, witness statements and any alleged admissions and explain what the prosecution must prove under section 25A.
We can advise before a police interview, prepare a defended case, make representations where appropriate and represent you through bail, committal and higher-court proceedings.
Before a police interview or court date
If police are investigating an assault that resulted in death, obtain legal advice before deciding whether to participate in an interview. Statements about the contact, intention, intoxication and surrounding circumstances can become central evidence.
Preserve relevant footage, messages, location information and other material. Keep your Court Attendance Notice and bail papers and tell your lawyer immediately if you are in custody.
Understanding section 25A
Section 25A applies where the accused intentionally hits another person with a part of the body or an object held by the accused, the assault is not authorised or excused by law, and the assault causes the other person's death. The legislation provides that death may result directly from the injury or from the person hitting the ground or another object as a consequence of the assault.
Section 25A(1) — assault causing death
The basic offence carries a maximum penalty of 20 years imprisonment. The prosecution does not need to prove that the death was reasonably foreseeable.
Section 25A(2) — intoxicated adult offender
A person aged 18 or over who commits the section 25A(1) offence while intoxicated can be charged under section 25A(2). The maximum penalty is 25 years imprisonment.
Mandatory minimum for section 25A(2)
Section 25B requires a court sentencing a person for the intoxicated offence under section 25A(2) to impose a sentence of imprisonment of at least 8 years, with any non-parole period also required to be at least 8 years.
Defending an assault causing death charge
A defence may involve disputing identity, whether the accused intentionally hit the person, whether the assault was unlawful, causation, or whether the prosecution can prove the intoxication requirements for the section 25A(2) offence.
Self-defence may be relevant where the accused acted to protect themselves or another person. The factual sequence, perceived threat and reasonableness of the response require careful analysis.
Medical and pathology evidence can be critical to causation. The prosecution must prove that the assault caused the death within the statutory framework.
The legislation also provides specific defences and evidentiary rules for the intoxicated form of the offence. Advice should be based on the exact subsection charged and the toxicology and other evidence.
How these matters progress through court
Assault causing death is a serious indictable offence and can progress beyond the Local Court. We can explain the committal process, prosecution brief and strategic decisions required as the matter advances.
If a plea is under consideration, obtain advice about the exact subsection and agreed facts first because intoxication, causation and the circumstances of the assault can materially affect sentence.
Bail and urgent issues
An assault causing death allegation can lead to immediate custody and significant bail issues. Tell us immediately if you or a family member has been arrested or refused police bail.
We can advise on bail preparation and representation, including proposed accommodation, support, reporting and other conditions relevant to the risks identified by the prosecution.
Sentencing and statutory penalties
The maximum penalty is 20 years imprisonment under section 25A(1) and 25 years imprisonment under section 25A(2). The intoxicated adult offence also engages the mandatory minimum requirements in section 25B. Sentencing is therefore highly serious and requires careful preparation.
Preparing to speak with a lawyer
Tell us the exact subsection charged, the court and next date, whether anyone is in custody and whether police rely on CCTV, toxicology or medical evidence. Have any Court Attendance Notice, bail papers and police facts available where possible.
For urgent advice about an assault causing death charge, contact ED Legal for a free initial consultation. You can also review our Murder & Manslaughter and Assault pages.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
