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In NSW, common assault carries a maximum penalty of 2 years imprisonment. Frequently, individuals are charged where a person assaults another person but does not cause an injury amounting to bodily harm or grievous bodily harm.
In NSW, a court can impose any of the following penalties for an common assault charge.
You can find a brief description of each of these penalties at the bottom of this page.
The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for common assault might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.
Such offences can be complicated if there are aggravating factors. It is important to get legal advice at an early stage to ascertain precisely what the consequences of a conviction may be and whether you have a defence to the charge. It is very important that you obtain legal advice before you take part in any police record of interview. Call us on 1300 168 676 for urgent advice.
The offence of Common Assault is contained in section 61 of the Crimes Act 1900 which states:
Whosoever assaults any person, although not occasioning bodily harm, shall be liable to imprisonment for two years.
Yes. A criminal conviction is very likely unless the Court is convinced that they should exercise their discretion not to convict you of the offence.
No, it is not possible to bargain with the court that you would pay a larger fine to avoid a criminal conviction. If the court deals with you under section 10 there will be no fine, but there may be court costs (normally less than $80).
This matter is a summary matter and will be heard in the Local Court.
To convict you of Common Assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
Possible defences to a Common Assault charge include but are not limited to:
On the police facts sheet and the court attendance notice that you may have received you will have a reference to the law part and a short description of offence. These references help the court and the legal profession to identify the exact offence you have been charged with. The law part and short description for this offence are set out in the table below:
|Law Part||Short Description|
|64782||Common assault (DV)-T2|
Section 10 for an common assault charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
Fines for an common assault charge: When deciding the amount of a fine for a common assault charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Good behaviour bond for an common assault charge: This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Community service order for an common assault charge. (CSO): This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Suspended sentence for an common assault charge: This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Periodic detention for an common assault charge (commonly known as weekend detention): This form of imprisonment ceased to be a sentencing option in October 2010.
Intensive correction order for an common assault charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.