Common Assault is a prevalent criminal charge in New South Wales, governed by section 61 of the Crimes Act 1900 (NSW). At Pannu Lawyers, we understand that facing an assault charge can be daunting. This guide provides a comprehensive overview of common assault, including its legal definition, the court process, possible penalties, and practical advice for those charged.
What is Common Assault?
Under section 61 of the Crimes Act 1900 (NSW):
“Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.”
Key Points:
No injury required: Physical injury is not necessary; the offence can be established by the mere application or threat of force. Includes threats: Raising a fist or making a threat that causes fear of immediate violence can constitute assault, even without physical contact.
Elements of the Offence
To prove common assault, the prosecution must establish beyond reasonable doubt that:
There was an act by the accused (not merely words). The act was intentional or reckless. The act caused another person to fear immediate and unlawful violence, or involved the actual application of force. The act was without consent. There was no lawful excuse (such as self-defence).
Examples of Common Assault
Pushing, slapping, or punching another person Spitting on someone Throwing an object at someone (even if it misses) Threatening someone with immediate violence, causing them to fear for their safety
The Court Process
1. Police Investigation and Charge
Police may issue a Court Attendance Notice (CAN) for common assault. You will be required to attend court on a specified date on the CAN.
2. First Court Appearance
You may enter a plea of guilty or not guilty.
3. Hearing or Sentencing
If you plead not guilty, the matter proceeds to a hearing where evidence is presented. If you plead guilty or are found guilty, the court will determine the appropriate penalty.
Possible Outcomes
Dismissal of the charge Conviction and penalty (see below)
Penalties for Common Assault
The maximum penalty is two years’ imprisonment. However, the court has discretion and may impose alternative penalties, including:
Section 10 dismissal or conditional release order (no conviction recorded or with conviction recorded) Fine Community Correction Order (CCO) Intensive Correction Order (ICO) Imprisonment The penalty will depend on factors such as the seriousness of the offence, the circumstances, and your criminal history.
Defences to Common Assault
Common defences include:
Self-defence: You acted to protect yourself or another person. Lawful correction: Reasonable force used by a parent or guardian for discipline. Consent: The other person consented to the act (limited application). Accident: The act was not intentional or reckless. Duress or necessity: You were compelled to act due to threats or an emergency.
Frequently Asked Questions
Q: Will I get a criminal record for common assault?
A: If convicted, a criminal record will be recorded. However, the court may deal with the matter under section 10, resulting in no conviction.
Q: Can I avoid a conviction?
A: Yes, in some cases the court may grant a section 10 dismissal or conditional release order, particularly for first-time offenders or less serious incidents.
Q: Should I get legal advice?
A: It is highly advisable to seek legal representation to ensure your rights are protected and to maximise your chances of a favourable outcome.
How Pannu Lawyers Can Help
At Pannu Lawyers, we have extensive experience representing clients charged with common assault. We can:
Assess the strength of the prosecution case Advise on possible defences and outcomes Represent you in court Negotiate with police and prosecutors Advocate for the most lenient penalty possible
Contact Us
If you have been charged with common assault, contact Pannu Lawyers for a confidential consultation on 02 9920 1787. Pannu Lawyers are backed by more than 800 reviews on Google and appear at Local Court throughout New South Wales. We will not leave any stone unturned in your defence.
Conclusion
Common assault is a serious charge with potentially significant consequences. Understanding your rights and the legal process is essential. Pannu Lawyers are here to guide you every step of the way.
