Common Assault
The slightest touch might constitute common assault but usually police will not charge a person with common assault unless there is a significant degree of force applied or threats of violence. Frequently, a person is charged with common assault when an assault does not cause an injury amounting to actual bodily harm or grievous bodily harm.
The Offence of Common Assault
The offence of common assault is contained in Section 26 of the Crimes Act 1900 (ACT), which states: “A person who assaults another person is guilty of an offence punishable, on conviction, by imprisonment for 2 years.”
Will I Get A Criminal Record for Common Assault?
Yes. A criminal conviction is very likely unless the court is convinced that it should exercise its discretion not to convict you of the offence.
What Actions Might Constitute Common Assault?
Punching, hitting or kicking another person without causing bodily harm might well lead to a charge of common Assault. Spitting is treated as a serious form of the offence. Firstly it is seen as a somewhat disgusting thing to do to another person. Secondly, there is the possibility of the transfer of some sort of infection.
Can I Pay A Greater Fine to Avoid Being Convicted?
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 by way of Non-Conviction Order, there will be no fine, but there may be court costs.
What must be proven
To find a person guilty of common assault, the court must be satisfied beyond a reasonable doubt that:
- they struck, touched or applied force to another, or threatened another with immediate violence;
- they did so intentionally, or recklessly;
- they did so without the person’s consent;
- they did so without lawful excuse.
Possible Defences for Common Assault
A person charged with common assault may rely on one of the following defences:
- they were acting in self-defence;
- the assault was an accident;
- the offence was committed under duress
Which Court Will Hear the Matter?
Common assault is a summary matter and will be heard in the ACT Magistrates Court.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
About Armstrong Legal
Armstrong Legal is a national law firm committed to assisting Australians with serious legal matters, which include areas like contested wills, criminal law, family law, corporate crime and traffic law. We handle each matter with openness and clarity, so you feel heard, informed and confident in your decisions.
Our national team includes lawyers across Australia who understand diverse cultures and support clients from a wide range of backgrounds, so you can ask them about topics related to "defending a family provision claim", "drink driving lawyers near me" or "challenging a will no win no fee" with ease. If you are facing legal matters regarding family violence, ASIC offences or affray, our lawyers can explain your rights, evaluate your options and help you understand the likely path forward.
If you've been browsing for "estate litigation lawyers brisbane", "best criminal attorneys" or "can a will be contested before probate", our team can explain your options, what your likely next steps may be, potential costs and any time limits that may apply. Speak with our friendly team of lawyers now for an assessment of your case.