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Common Assault
The Law:
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
What the police must prove
- The accused struck, touched or applied force, or threatened another person with immediate violence.
- The act was done intentionally or recklessly.
- Without consent.
- 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
Possible defences to this offence include but are not limited to
What court is likely to hear the matter
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.
Phone: 02 9261 4555 Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
