WIFE OF FORMER ARMY GENERAL CHARGED WITH COMMON ASSAULT
Eastern Suburbs woman Jacquiline Krause has been charged with common assault and assault occasioning actual bodily harm after allegedly assaulting her retired ex-army husband Major-General Michael Krause.
Police were called to her and her husband’s home in Woollahra, having received reports of a domestic violence incident. The assault is alleged to have occurred between the times of 6.30pm and 7pm, with police arresting Mrs Krause shortly after 9pm.
Her husband is a former high-ranking member of the Australian Army who is currently a Major-General at NATO. He is also a strategic adviser for Boeing Defence Australia.
Mrs Krause appeared at Waverley Local Court where she attempted to explain her actions to Magistrate Barko, stating that she was going through a tough personal time at the time she allegedly assaulted her husband. She pleaded not guilty and intends to fight the charges on mental health grounds. She is subject to an interim Apprehended Domestic Violence Order which was made for the protection of Mr Krause and which bans Mrs Krause from assaulting, threatening or harassing her husband. She is also prohibited from being in his presence while drinking or intoxicated.
Mrs Krause is scheduled to return to court for this matter in March 2025.
DOES COMMON ASSAULT REQUIRE PHYSICAL CONTACT?
Contrary to popular belief, physical contact is not required for a charge of common assault to occur. Common assault is defined in common law as any act which causes another person to fear immediate personal violence, and/or striking, touching or application of force against another person. As such, it is not necessary that a use of force occur, with a threat of force sufficient for an offence of common assault to occur. Contact Criminal Lawyers Group immediately if you have been accused or charged with common assault.
WHAT IS THE PENALTY FOR COMMON ASSAULT?
If you are convicted of the criminal offence of common assault, the penalties can be quite severe. Section 61 of the Crimes Act 1900 (NSW) provides that if an individual assaults any person, although does not occasion actual bodily harm, the maximum penalty is two years imprisonment.
The offence of assault occasioning actual bodily harm is contained within Section 59 of the Crimes Act and an individual convicted of this offence is liable for a maximum term of imprisonment for 5 years. If the assault occasioning actual bodily harm is committed in company of another person or persons, the maximum sentence is 7 years imprisonment.
If you or someone you know have been charged with common assault or assault occasioning actual bodily harm, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
NSW POLICE OFFICER ACCUSED OF BEING ON THE WRONG SIDE OF THE LAW
A NSW Police officer attached to a command in the southern region finds himself on the wrong side of the courtroom having been charged with allegedly assaulting a 25 year old man during an arrest in Griffith on 24 August 2024.
Officers from the Murrumbidgee Police District commenced an investigation and following extensive inquiries the 35 year old Senior Constable was charged with two counts of common assault and behave in offensive manner in public place. His employment status with the NSW Police force is currently under review and he is scheduled to appear before Griffith Local Court on 5 March 2025.
The Senior Constable is the latest in a number of NSW Police officers charged with a criminal offence.
OUR PROVEN RESULTS
Our Principal and award-winning lawyer Mr Steven Mercael recently represented a client who had approached us for a free consultation after he was charged with common assault, having been accused of an act of domestic violence against his partner. Our client maintained his innocence. Our team of specialised lawyers strategised the best way to handle the case and our client was found not guilty.
HAVE YOU BEEN CHARGED WITH COMMON ASSAULT?
A common assault conviction can have serious ramifications. If you or someone you know have been charged with common assault, contact our specialised criminal lawyers at Criminal Lawyers Group immediately for a free consultation. Our expert criminal lawyers have a proven record of obtaining the best results for our clients charged with common assault.
Â