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.

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

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

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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.

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

Possible defences to this offence include but are not limited to

Duress

Necessity

Self Defence

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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.