‘Common Assault’ is an offence contrary to section 61 of the Crimes Act 1900 which carries a maximum penalty of 2 years imprisonment and or a fine of $5,500.
An ‘Assault’ is any unauthorised touching or any action which causes another person to fear immediate and unlawful personal violence.
‘Common Assault’ matters are generally heard in the local court before a Local Court Magistrate.
To be found guilty of the offence of ‘Common Assault’, it should be noted that the Police Prosecution must prove all the following elements beyond a reasonable doubt:
1. That you acted in a way that caused another person to fear immediate and unlawful personal violence OR that you touched another person without their consent; and
2. That the other person did not consent to your actions; and
3. That you acted intentionally or recklessly; and
4. That you did not have a lawful excuse for your actions
Did you know that a person can be found guilty of a ‘Common Assault’ even if there was no form of touching whatsoever?
For example, A and B get into an argument. A then yells at B and this has subsequently caused B to fear violence. In this instance, A’s actions amount to a ‘Common Assault.’
It is very important that you speak with a lawyer if you have been charged with an offence so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 23rd June 2022.
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