Common Assault
Leading Common Assault Lawyers
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What is a Common Assault?
A Common Assault is a criminal offence defined under Section 61 of the Crimes Act 1900 – “Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.”
A common assault is any act by which a person intentionally or reckless causes another to apprehend immediate and unlawful violence, or strikes, touches or applies force to another, without legal justification. It cannot be a mere omission.
Key elements of Common Assault in NSW include:
- Intention or Recklessness: The person committing the assault must either intentionally cause physical or psychological harm to another person or act recklessly, knowing that their actions could result in harm.
- Physical or Psychological Harm: Common Assault can involve both physical harm, such as a physical attack or touching without consent, and psychological harm, which may include threats or intimidation that cause another person to fear for their safety.
- Lack of Consent: Generally, Common Assault involves actions without the consent of the person affected.
Example of a Common Assault include:
- Physical contact with another person, such as slapping, punching, kicking, spitting or pushing
- Threw something in the direction or another person, even if it didn’t hit them.
- Verbally threatened to cause harm to another person.
- Indicated the use of unlawful violence, such as raising a fist.
- Restrained someone physically against their will.
Penalties for a Common assault include?
• Fines,
• Good behaviour bonds
• Community service
• Imprisonment
It’s crucial to seek legal advice from our Assault Lawyers if facing Wounding charges in NSW, as the legal consequences can be severe.
Defences to a Common Assault?
- Duress: occurs when a serious threat to you or your family which motivated your conduct constituting the criminal offence.
- Necessity: occurs where circumstances cause you to break the law in order to avoid even more serious consequences.
- Self-Defence occurs when your actions are motivated in trying to protect yourself, another person, your property, or the liberty of yourself or another person.
If you deny that you assaulted the victim, or say you acted in self defence, our legal team will fight hard to get you acquitted.
Pleading not guilty?
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You applied force to another person (usually by striking or touching), or threatened another person with immediate violence;
- The act was done either intentionally or recklessly;
- Without the implied consent of the person whom the common assault occurred against; and
- Without lawful excuse.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
- Duress: occurs when a serious threat to you or your family which motivated your conduct constituting the criminal offence.
- Necessity: occurs where circumstances cause you to break the law in order to avoid even more serious consequences.
- Self-Defence occurs when your actions are motivated in trying to protect yourself, another person, your property, or the liberty of yourself or another person.
Steven Mercael​
Principal Lawyer​
