Assault Charge in NZ: Self-Defence, Sentencing & Avoiding a Conviction

If you are facing an assault charge in New Zealand, you are dealing with a serious allegation that can result in imprisonment and a permanent criminal record. Unlike less serious charges, the stakes are high, and the legal process is complex.

The two main strategies for dealing with an assault charge are:
1) Fighting the charge using a legal defence (most commonly self-defence), or
2) Minimising the outcome by arguing for a non-custodial sentence
3) Discharge Without Conviction (DWC).

This guide breaks down the critical legal elements, common charges, and your best paths forward.

1. What is an Assault Charge in New Zealand

The legal definition of assault under the Crimes Act 1961 is very broad. It is defined as the act of intentionally applying, attempting to apply, or even threatening to apply force to another person without their consent. Even a minimal amount of force—or a raised fist—can constitute an assault.
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The severity of the charge depends on the level of harm caused (or intended) and the circumstances.

Common Categories of Assault Charges

Charge	Max. Penalty	Key Feature
Common Assault (Summary Offences Act)	6 months imprisonment / $4,000 fine	Minimal or no injury. The least serious category.
Common Assault (Crimes Act s 196)	1 year imprisonment	Used for slightly more serious common assaults.
Assault with Intent to Injure (Crimes Act s 193)	3 years imprisonment	The intention was to injure, regardless of the injury actually sustained.
Assault on a Child, or by a Male on a Female (Crimes Act s 194)	2 years imprisonment	The law creates a separate, higher-maximum charge for these specific circumstances.

​The first step in your defence is correctly identifying the charge the police have laid against you, as this dictates the maximum penalty and the court process.

2. The Core Legal Defence: Self-Defence (Crimes Act s 48)

In many assault cases, the primary defence is Self-Defence. This is the legal right to use force to defend yourself or another person. However, claiming self-defence is a matter of law, not just a matter of fact, and it has a strict two-part test under Section 48 of the Crimes Act 1961:
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"Everyone is justified in using, in the defence of himself or herself or another, such force as, in the circumstances as he or she believes them to be, it is reasonable to use."

Understanding 'Reasonable Force'

The concept of "reasonable force" is the entire battleground for this defence. The law recognises that people reacting to an attack cannot weigh the force "to a nicety." A Judge or Jury will consider two main things:

1. Your Belief: What did you honestly believe the situation was? (e.g., Did you genuinely believe you were about to be hit?).
2. Reasonable Response: Given your belief, was the amount of force you used reasonable? (e.g., Punching someone once to stop an attack is more likely to be considered reasonable than continuing to attack after they are on the ground).
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If you can establish a foundation for self-defence, the Prosecution then carries the burden of proving beyond a reasonable doubt that you were not acting in self-defence.

3. Minimising the Consequences: The Discharge Without Conviction (DWC)

​If the facts of the case or the strength of the evidence make a full acquittal difficult, the defence shifts to sentencing. The most critical outcome a lawyer can fight for is a Discharge Without Conviction (DWC) under Section 106 of the Sentencing Act 2002.

The High Threshold for Assault Charges

For violent offences like assault, the DWC threshold is significantly higher than for, say, a low-level traffic offence. The Judge must be satisfied that the consequences of a conviction would be out of all proportion to the gravity of the offence.

To meet this standard for an assault charge, your lawyer must present compelling evidence of the "disproportionate consequences," such as:

• Employment Loss: A conviction would immediately lead to the loss of your job, especially for professionals (teachers, nurses, security).
• International Travel: Inability to travel for work or family due to visa restrictions in countries like the US, Australia, or Canada.
• Professional Licence: Loss of a professional licence (e.g., real estate, pilot, financial advisor).
• Immigration Status: A conviction could threaten your current or future residency/visa status.
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A DWC application is a sophisticated argument that requires detailed affidavit evidence, letters of support, and carefully prepared submissions.

4. Immediate Steps When Charged with Assault

If you are charged with assault, your actions in the first 48 hours are critical and can significantly impact the outcome of your case.

1. Do Not Discuss the Facts with Police: Exercise your right to silence. Do not give any statement or answer questions about the incident until you have spoken with a lawyer. Anything you say can and will be used against you.
2. Contact a Criminal Defence Lawyer Immediately: The sooner your lawyer is involved, the better. They can attend your first court appearance (the arraignment), manage your bail application, and begin collecting evidence to support your defence (e.g., CCTV, witness statements).
3. Prepare for Bail: If you were arrested, a lawyer can prepare a strong bail application to ensure you are released pending trial. They will focus on evidence that shows you are not an undue risk to the public or a flight risk.

Navigating an assault charge requires immediate, strategic action. If you believe you acted in self-defence or require a sophisticated DWC argument to protect your future, do not leave your case to chance. Getting expert legal representation right away is the only way to ensure your rights and livelihood are protected.


Disclaimer: This article provides general information only and does not constitute legal advice. Every case is unique and depends on its specific facts. If you are facing an assault charge, you should consult with an experienced criminal defence lawyer specialising in Assault charges, like John Munro