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    A man will face assault charges at Liverpool Local Court after an alleged road rage incident in Sydney’s south-west.

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      Assault Charges at Liverpool Local Court

      A man will face assault charges at Liverpool Local Court after an alleged road rage incident in Sydney’s south-west.

      Police claim that Kurt Marshall smashed a car window with a metal pole and hit a passenger.

      The 30-year-old was refused bail by police. His criminal lawyers in Liverpool will have the opportunity to make a release application when the matter is heard at Court.

      Assault Charges

      Kurt Marshall is alleged to have stopped his Subaru Forester in front of a Toyota RAV4 at the intersection of Saltash Street and Hume Highway in Yagoona.

      Police claim that he exited his vehicle with a metal pole and began smashing a car window.

      He is then alleged to have demanded money from a 66-year-old passenger and hit a passenger in the head.

      Police were alerted by a member of the public to the incident on Tuesday at about 11.20am.

      The 66-year-old passenger was taken to Bankstown Hospital and treated for a head injury.

      When officers located Marshall, they allege he absconded in his vehicle. A police pursuit was commenced but it was terminated almost immediately due to safety concerns.

      The Subaru was found in a driveway at Locker Avenue in Lurnea, in Sydney’s south-west. Marshall was arrested and taken to Bankstown police station.

      He faces a raft of charges including assault, armed with the intent to commit an indictable offence, police pursuit, driving recklessly/furiously and driving while disqualified.

      He was refused bail but can make a bail application at Liverpool Local Court.

      Assault Lawyers Liverpool  

      Section 59 of the Crimes Act 1900 (NSW) defines Assault Occasioning Actual Bodily Harm (AOABH) as intentionally or recklessly causing another person to apprehend immediate and unlawful violence and Actual Bodily Harm results.

      Actual bodily harm is an injury which was not merely transient. This may include bruising and cuts. It would not extend to a person feeling fear or panic. However, a severe psychological injury may amount to actual bodily harm.

      Assault lawyers in Sydney explain that AOABH is a more serious charge than common assault. As such, it is possible to have an Assault Occasioning Actual Bodily Harm charge downgraded to common assault. This will involve your lawyer sending Police ‘representations’. If you would like to know whether your Assault Occasioning Actual Bodily Harm charge can be downgraded, contact us now.

      You can beat an Assault Occasioning Actual Bodily Harm charge in two ways. Firstly, Police must prove beyond reasonable doubt that:

      1. You assaulted the victim

      2. That assault caused the victim to suffer ‘actual bodily harm.

      Secondly, there are defences to assault that can be used to have you found ‘not guilty’.

      1. Self-defence: You were defending yourself or another person

      2. Accident: You did not intend to commit any assault. You also did not know that an injury could result from your actions.

      3. Causation: The prosecution cannot prove you caused actual bodily harm.

      4. Identification: The prosecution cannot prove that you committed the offence.

      5. Consent: The alleged victim consented to your actions.

      6. Duress: You were forced to commit the assault.

      7. Necessity: Your actions were necessary in the circumstances

      Looking at 2,187 cases in the Local Court over the last 5 years, that statistics show how difficult it is to avoid a conviction. Less than 10% of sentences resulted in no conviction for assault occasioning actual bodily harm. The remaining offenders all received convictions and almost 40% of offenders were sentenced to some form of imprisonment. Almost 20% of offenders were sentenced to full-time imprisonment.

      However, there are still a large amount of individuals who are convicted despite it being their first offence. That is why it is important that you contact experienced Sydney common assault lawyers so that they can prepare your case in such a way that you will be in the best position possible to receive a Section 10. Call Astor Legal on (02) 7804 2823 or email us at

      Assault Occasioning Actual Bodily Harm is a very common charge in a domestic violence context. Police and the Courts have specific procedures when dealing with domestic violence matters. For example, if you are pleading not guilty, your case will be listed for Hearing even if you have not received a brief of evidence from the Police.

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