Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
In New South Wales common assault carries a maximum penalty of two years imprisonment and/or a fine of 50 penalty units. A person is often charged with common assault where he or she assaults another person, but does not cause an injury amounting to actual bodily harm (for example bruising or scratches) or grievous bodily harm (e.g. causing loss of sight, complicated fractures or significant injuries requiring surgery).
What is Common Assault?
An assault is an act that causes another person to apprehend immediate and unlawful violence. While most assaults involve unwanted physical contact an assault does not necessarily require actual physical contact. All it requires it that the victim apprehends physical contact. So if, for example, a person raises his or her fist to another person, an assault could be found to have occurred, despite the other person not actually being hit. At law this is known as the distinction between “battery” (causing physical contact) and “assault” (causing the apprehension of physical contact).
The following acts constitute common assault:
- Punching, hitting, slapping, pushing or kicking another person;
- Raising a fist towards a person as though to hit that person;
- Spitting upon another person;
- Threatening to hurt another person;
- Throwing an item (such as a bottle) at another person (whether or not it makes contact);
- Physically restraining someone against their will.
Common assault can cover a range of actions and injuries, It is a less serious offence than assault occasioning actual bodily harm (AOABH) or causing grievous bodily harm (GBH), which involve harm to the victim. It is not uncommon for the police to charge a person with AOABH where the alleged conduct would sit comfortably within the definition of common assault.
Thoroughly understanding the definitions of common assault and AOABH is critical to successfully negotiating with prosecutors and can mean the difference between a person facing a maximum 2 years imprisonment for common assault or a maximum 5 years imprisonment for AOABH.
Which Court Will Hear the Matter?
Common assault is generally dealt with in the Local Court. However, the prosecution or defence can elect to have the matter dealt with in the District Court. If the matter is dealt with in the Local Court the maximum penalty is 2 years imprisonment and/or 20 penalty units.
What must be proven?
For a person to be found guilty of common assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
- that the accused applied physical force to another person; or
- that the accused threatened another with immediate violence; and this was done:
- internationally or recklessly; and
- without the person’s consent; and
- without lawful excuse.
Possible Defences to Common Assault
A common assault charge can be defended by arguing that:
- The assault was committed in self-defence;
- The assault was an accident;
- The accused was acting under duress;
- The accused was too young and insufficiently developed to understand the nature of their actions (if the accused was under 14).
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
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.
WHY CHOOSE ARMSTRONG LEGAL?
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