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RELATED TOPICS & ASSAULT MENU FOR CRIMINAL LAW
Includes information on applicable charges, fines, penalties and sentences for assault in criminal law if convicted of the criminal offence.

ASSAULT OFFENCE CATEGORIES
Assault Occasioning Actual Bodily Harm
Assault Police
Attempts To Choke
Assault Causing Bodily Injury by Gun Powder
Assault Causing Grevious Bodily Disease
Common Assault
Assault Causing Malicious Wounding
Maliciously Inflicting Grievous Bodily Harm
Not Providing Wife, Child / Servant With Food
Use Chloroform to Commit an Offence

LEARN ABOUT CHARGES, FINES, PENALTIES & SENTENCES FOR ASSAULT
Assault Occasioning Actual Bodily Harm
(Article Prepared by a Lawyer)

Assault Police (Article Prepared by a Lawyer)
Attempts To Choke
(Article Prepared by a Lawyer)

Assault Causing Bodily Injury by Gun Powder
(Article Prepared by a Lawyer)

Assault Causing Grevious Bodily Disease
(Article Prepared by a Lawyer)

Common Assault
(Article Prepared by a Lawyer)

Assault Causing Malicious Wounding
(Article Prepared by a Lawyer)

Maliciously Inflicting Grievous Bodily Harm
(Article Prepared by a Lawyer)

Not Providing Wife, Child / Servant With Food
(Article Prepared by a Lawyer)

Use Chloroform to Commit an Offence
(Article Prepared by a Lawyer)

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Sexual Assault
Assualt Lawyer


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Common Assault

Common Assault Charge - Lawyer / Solicitor Article.

Criminal Law Article written by: Lionel Rattenbury (criminal defence lawyer specialising in assault matters)

The Law:  Common Assault - Law – Lawyer / Solicitor Article

Section 61 of the Crimes Act states:

Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.


Maximum Penalty:  Common Assault - Penalties – Lawyer / Solicitor Article

The Maximum penalty for the offence of Common assault is 2 years imprisonment.


What the Police must Prove:  Common Assault - Lawyer / Solicitor Article

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt:

  1. The accused struck, touched or applied force, or threatened another person with immediate violence.
  2. The act was done intentionally or recklessly.
  3. Without consent.
  4. Without lawful excuse.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.


Possible Defences:  Common Assault - Defences – Lawyer / Solicitor Article


Possible defences to this offence include but are not limited to

  • Duress
  • Necessity
  • Self Defence

  • What Court is Likely to Hear the Matter - Lawyer / Solicitor Article

    This matter is a Table 2 offence which means that the DPP can elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local Court.

     

     

    Disclaimer


    The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.

    It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.