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Criminal law

R v Garang Yai

R v Garang Yai [2025] NSWDC 12

The offender was sentenced in the New South Wales District Court for armed assault with intent to rob, affray, assault and drug possession, receiving an aggregate term of 4 years and 1 month.

  • Sentencing
  • Robbery
  • Affray
  • Assault
  • Drug offences
  • Imprisonment
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Criminal law

R v Kaikaty

R v Kaikaty [2024] NSWDC 597

Appeal dismissed against Local Court convictions for common assault and intimidation arising from a domestic dispute. Leave to adduce fresh evidence was refused.

  • Appeals against local court convictions
  • Domestic violence offences
  • Application for fresh evidence
  • Admissibility of evidence
  • Appeal-against-conviction
  • Fresh-evidence
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Criminal law

R v AM

R v AM [2024] NSWDC 546

Sentencing of an offender for multiple domestic violence, sexual assault, firearm, and AVO breach offences against his wife. Mental health and Bugmy factors reduced culpability.

  • Sentencing
  • Sexual offending
  • Domestic violence
  • Assault
  • Firearms offence
  • Contravention of apprehended domestic violence order
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Torts

Prisk v Danslow

Prisk v Danslow [2024] NSWDC 535

Default judgment damages were assessed after an unprovoked assault and battery. The court awarded compensatory, aggravated and exemplary damages of $401,264.45.

  • Intentional torts
  • Assault
  • Battery
  • Damages
  • Aggravated damages
  • Exemplary damages
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Criminal law

R v Green

R v Green [2024] NSWDC 638

Judge-alone trial in the NSW District Court. Wayne Green was found not guilty on four domestic violence counts after the judge found the complainant’s evidence unreliable.

  • Assault occasioning actual bodily harm
  • Intentional strangulation
  • Domestic violence
  • Standard of proof
  • Assessment of credibility
  • Criminal-law
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['tort law' 'civil procedure']

Mai v Nguyen

Mai v Nguyen [2024] NSWCA 215

The Court of Appeal dismissed an appeal against dismissal of assault and battery claims, holding that an overlooked assault claim caused no substantial miscarriage.

  • ['assault' 'battery' 'false imprisonment' 'adequacy of reasons' 'appeal – findings of fact']
  • Assault
  • Battery
  • Adequacy-of-reasons
  • Appeal-findings-of-fact
  • Civil-procedure
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['torts' 'civil liability' 'evidence' 'damages']

Khodor v Murphy

Khodor v Murphy [2024] NSWDC 364

The Court dismissed a claim for damages for assault, finding the defendant acted in self-defence after the plaintiff followed and confronted him.

  • ['trespass to the person' 'assault' 'battery' 'self-defence' 'civil liability act 2002 ss 52 and 53' 'credibility of witnesses' 'assessment of damages']
  • Assault
  • Battery
  • Self-defence
  • Trespass-to-the-person
  • Civil-liability-act
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['administrative law' 'occupational licensing' 'security industry licensing' 'criminal law']

Jalil v Commissioner of Police, NSW Police Force

Jalil v Commissioner of Police, NSW Police Force [2024] NSWCATOD 132

The Tribunal refused summary dismissal of a security-licence review, finding it arguable whether a Crimes Act s 53 conviction involved “assault of any description”.

  • ['summary dismissal' 'mandatory refusal of security licence' 'prescribed offence' 'offence involving assault of any description' 'crimes act 1900 (nsw), s 53']
  • Summary-dismissal
  • Security-licence
  • Prescribed-offences
  • Administrative-review
  • Assault
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['torts' 'civil procedure' 'evidence' 'damages']

Charleston v Sinclair

Charleston v Sinclair [2024] NSWDC 292

The District Court found Ms Sinclair liable for assault and battery against Ms Charleston, rejected self-defence, and awarded $111,064.22 in damages.

  • ['trespass to the person' 'assault' 'battery' 'self-defence' 'standard of proof' 'briginshaw principle' 'credibility of witnesses' 'general damages' 'aggravated damages' 'future treatment expenses' 'psychiatric injury' 'pre-existing condition']
  • Assault
  • Battery
  • Self-defence
  • Trespass-to-the-person
  • Damages
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Torts

Emde v State of New South Wales

Emde v State of New South Wales [2024] NSWDC 268

The District Court held that Gerd Emde failed in claims for assault, battery, wrongful arrest and false imprisonment arising from his 2022 arrest for ADVO breaches.

  • Trespass to person
  • Assault
  • Battery
  • False imprisonment
  • Wrongful arrest
  • Domestic violence
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.