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A NSW Police officer was charged with the additional offence of recklessly causing grievous bodily harm to Hannah Thomas, a Greens candidate. Ms Thomas was taking part in a pro-Palestine protest in Belmore when she was allegedly punched in the face by the male officer in June 2025. She sustained serious damage to her eye as a result.
Initially, Police said an internal review found no issues with the Police officer's conduct. After public outcry about the Police' response, the matter was referred to the Law Enforcement Conduct Commission (LECC) for investigation.
33 year old Senior Constable Christopher Davis was initially charged with assault occasioning actual bodily harm, an offence which carries a maximum penalty of 5 years imprisonment. In November 2025, the officer was charged with recklessly causing grievous bodily harm, a much more serious offence, which carries a maximum penalty of 14 years imprisonment.
Ms Thomas was also initially charged, but in September, the prosecution dropped all charges against Ms Thomas, and she was awarded $22,000 to cover her legal costs.
Ms Thomas's lawyers have said "The addition of an offence of inflicting grievous bodily harm reflects the severity of the injury sustained by our client" and the additional charge "reinforces the troubling nature of the way in which police are dealing with people during public assemblies."
The officer will face Bankstown Local Court for two charges on 18 November 2025. NSW Police have told media that he is being managed at work, and that his employment status is under review.
There are different charges for assault in NSW, depending on the severity of the injury and who the victim is. The most common charges are discussed below.
Common Assault Offences
The offence of common assault is contained in section 61 of the Crimes Act 1900 (NSW). To establish the charge, the Prosecution must prove each of the following elements:
Actus reus elements
- Made unlawful physical contact with the victim OR that you committed an act that caused the victim to apprehend immediate and unlawful violence. An omission to act is not sufficient. The complainant must hold the fear on reasonable grounds.
- That the victim did not consent to the physical contact or the fear of physical harm;
- The act was done without any lawful excuse, such as self-defence, lawful correction of a child etc.
Mental elements
- That you intended to inflict unlawful contact, OR that you intended to cause imminent fear of violence, OR that you were reckless as to inflicting unlawful force or causing apprehension of immediate and unlawful violence. Reckless here means realising the possibility of this occurring but doing it anyway.
The maximum penalty for the offence is two years imprisonment.
Assault Occasioning Actual Bodily Harm Offences
The offence of assault occasioning actual bodily harm is contained in section 59 of the Crimes Act 1900(NSW).
In addition to the actus reus elements of common assault, the Prosecution must prove that this caused "actual bodily harm" injury to the victim.
Actual bodily harm is "any hurt or injury calculated to interfere with the health or comfort of the victim." The harm "need not be permanent but must be more than merely transient or trifling – it is something less than "grievous bodily harm", which requires really serious physical injury, and "wounding", which requires breaking of the interior layer of the skin." Injuries found to amount to actual bodily harm include scratches and bruises. Psychological harm, going beyond transient emotions can also amount to actual bodily harm.
In relation to the mental element, the prosecution only needs to prove that you either intended to make the physical contact, or that you were reckless as to the possibility of the assault, not necessarily the infliction of actual bodily harm.
The maximum penalty is five years imprisonment or 7 years if the offence is committed in company.
Reckless or Intentional Infliction of Grievous Bodily Harm
The offence of recklessly inflicting of grievous bodily harm is contained in section 35 of the Crimes Act 1900(NSW).
The prosecution must prove all the actus reus elements of a common assault as well as proving that the act caused "grievous bodily harm" to the victim.
Grievous bodily harm is defined in section 4(1) of the Crimes Act 1900 (NSW). It includes any permanent or serious disfiguring of the person, the destruction of a foetus, and any grievous bodily disease.
In relation to the mental element, the Prosecution only need to prove that you intended to cause grievous bodily harm or you were adherently reckless to causing actual bodily harm.
The maximum penalty for the grievous bodily harm reckless offence is 10 years with a standard non parole period of 4 years, or 14 years with a standard non parole period of 5 years if committed in company.
The offence of inflicting grievous bodily harm with the intention to inflict grievous bodily harm or to resist lawful arrest is contained in section 33 of the Crimes Act 1900 (NSW). The maximum penalty for the offence of 25 years, with a standard non parole period of 7 years.
Reckless or Intentional Wounding
The offence of reckless wounding is also contained in section 35 of the Crimes Act 1900 (NSW).
The prosecution must prove all the actus reus elements of a common assault as well as proving that the act caused the consequence of "wounding" the victim.
Wounding is any injury that breaks to continuity of the skin, inducing breaking or cutting the interior layer of the skin. Breaking of the inner layer without breaking the outer layer is still sufficient to prove wounding, for example, hitting someone with a hammer and breaking their jaw, even if the outer layer of the skin did not break.
The prosecution only needs to prove that you were advertently reckless to causing actual bodily harm.
For the offence of wounding recklessly, the maximum penalty is 7 years with a standard non parole period of 3 years, or 10 years with a standard non parole period of 4 years if the offence is committed in company.
The offence of wounding with the intention to inflict grievous bodily harm or with the intent to lawful resist arrest is contained in section 33 of the Crimes Act 1900 (NSW). The maximum penalty for the offence of 25 years, with a standard non parole period of 7 years.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
