Common Assault
Common assault occurs when an individual either:
- Causes another person to fear an imminent, unlawful, and violent attack
- Physically touches another person without their consent
Notably, an actual physical attack is not necessary to establish common assault. The fear of violence can be enough to support a charge. However, the threat must be immediate—vague threats of future harm do not constitute common assault. Additionally, any physical contact must be intentional or reckless, as accidental contact does not qualify.
Under Section 61 of the Australian Criminal Code, common assault is a criminal offence punishable by:
- Up to 2 years' imprisonment
- A fine of up to $5,500
- Or both
Facing a common assault charge can be distressing, but with expert legal representation, you can ensure the best possible outcome.
Elements the Prosecution Must Prove
To secure a conviction, the prosecution must establish beyond a reasonable doubt that:
- Your actions caused fear or physical contact
- Your behaviour put another person in fear of imminent unlawful violence, or
- You physically touched another person without their consent.
- The victim did not consent
- If physical contact occurred, it must be proven that the other person did not agree to it.
- If physical contact occurred, it must be proven that the other person did not agree to it.
- Your actions were intentional or reckless
- Accidental physical contact (such as in a crowded space) does not constitute assault.
- Accidental physical contact (such as in a crowded space) does not constitute assault.
- Your actions lacked a lawful justification
- For example, actions within the rules of a contact sport would not be considered assault.
Possible Defences
Several defences may apply depending on the circumstances:
Self-Defence
- You acted to protect yourself, your property, or another person.
- Your belief that your actions were necessary must be reasonable.
- The prosecution must prove beyond a reasonable doubt that you were not acting in self-defence.
Duress
- You were threatened or coerced into committing the act.
- The threat must be serious enough to override your free will.
- The prosecution must prove that you were not under duress.
Necessity
- You acted to avoid serious and imminent harm.
- Your actions must have been reasonable under the circumstances.
Reasonable Discipline (in cases involving adults disciplining children)
- The force used must be reasonable and appropriate for discipline.
Potential Penalties
The maximum penalty for common assault is 2 years’ imprisonment and/or a $5,500 fine, but these are reserved for the most serious cases. The court considers factors such as character, circumstances, and severity when determining penalties.
Possible penalties include:
- Section 10 dismissal (no conviction recorded)
- Conditional Release Order
- Community Correction Order (CCO)
- Intensive Correction Order (ICO)
- Imprisonment
Legal Process
& Options
Pleading
Not Guilty
If you believe the prosecution cannot prove all elements of the charge beyond a reasonable doubt, you may plead not guilty. Our experienced criminal defence lawyers will challenge the evidence and build a strong defence strategy.
If the prosecution fails to prove its case, you will be found not guilty.
Pleading
Guilty
If you choose to plead guilty, your case will proceed directly to sentencing. Pleading guilty early may:
- Reduce legal costs
- Show remorse, potentially leading to a more lenient penalty
- Increase the likelihood of receiving a Section 10 dismissal or Conditional Release Order, avoiding a criminal record
Before pleading guilty, consult with an experienced criminal defence lawyer to explore all available options.
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Here is some general information about various assault charges and how our criminal defense team can help you:
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Definition : Physical violence is the use of physical force to harm or threaten a victim.
Expression :
- Pushing, hitting, kicking, slapping
- Using weapons or objects to injure the victim
- Choking, tying up or restraining the victim
Impact : Physical violence not only causes obvious physical harm, but can also lead to long-term health problems and psychological trauma.
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