Common Assault is an offence under section 61 of the Crimes Act 1900 which requires the prosecution to prove beyond a reasonable doubt that one person caused another to fear immediate and unlawful violence, or made physical contact with the other person, and that the other person did not consent, and that the first person’s actions were intentional or reckless.
Defences to common assault include self-defence, duress and necessity.
The maximum penalty for the offence is 2 years in prison and/or a fine of $5,500.
If you are going to court for common assault, call Criminal Lawyers Group on 0424 230 074 today to arrange a free first conference with an experienced criminal defence lawyer to obtain the best result for your case.
What is a common assault?
Common Assault is a punishable offence as outlined in Section 61 of the Crimes Act 1900 (NSW). The section states “whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for 2 years” In addition to the maximum sentence of 2 years imprisonment, the court may impose a fine of up to $5,500.
This offence occurs when a person is found engaging in conduct that inflicts harm or instils fear in another person. Importantly, even if the intention to cause harm or fear is not present, one can be found guilty of common assault, if the foreseeable likelihood of immediate injury or fear was disregarded or ignored. Additionally, common assault is not confined to instances of physical contact, it extends to any hostile or aggressive actions, regardless of whether or not it involves direct physical engagement with another person.
What does the prosecution need to prove to be guilty of a common assault charge?
To be found guilty of the offence of common assault, the prosecution must prove beyond a reasonable doubt that:
- You made physical contact with another person, or that you caused another person to fear immediate and unlawful violence.
- The other person did not consent.
- Your action was intentional or reckless.
If found guilty, the Court will take into account a range of factors that will influence the severity of your sentencing. This can include if it was your first offence, if the offence holds multiple assault charges or if the assault initiated was proven to be occasioning bodily harm or whether there are any mitigating factors.
What are mitigating factors for a common assault?
Mitigating factors include whether there was excessive self defence or provocation.
What are the sentences or punishments for a common assault?
Sentences can range from a fine to full-time imprisonment. A list of possible sentences are:
– Fine
– Good Behavior Bond
– s10 Dismissal
– Intensive Corrections Orders
– Full time imprisonment
How do I beat a common assault charge?
The prosecution evidence is so weak that it’s incapable of proving any one of the essential elements of a common assault charge beyond a reasonable doubt. Further, your common assault charge will be dismissed if:
- If physical force is applied, it occurred as an inevitable conduct of everyday daily life, or it’s something generally accepted by society; Ie bumping into someone on a train or
- Self-defence: where due to fear, you responded for your protection, or for the protection of someone else, or property, if your response was a reasonable response in the circumstances perceived by you at the time.
- Lawful Correction: where you disciplined your child or a child you were responsible for, provided your conduct was reasonable and warranted in the circumstances. There are rules surrounding what is lawful.
- Citizen’s arrest: where you were using reasonable force to arrest the alleged victim.
- Duress or Necessity.
Best Common Assault Lawyers Sydney – How to contact us?
If you are facing common assault offences, get in touch with us today. At Criminal Lawyers Group, we have leading Common Assault Criminal Lawyers ready to assist. We ranked top 10 in Sydney by Top 10 Lawyers from Criminal Law. Contact us today for a Free Initial Consultation to discuss your case here.