After a guilty plea or finding of guilt, the Court...
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(a) Common Assault by force, and
(b) Common Assault by threat of force.
Common Assault by threat of force can be broken down into four elements:
There is no need for the accused to intend to follow through with their threat, as long as it would reasonably make another person fear imminent and immediate physical violence.
In New South Wales, the use of threatening words and/ or gestures have amounted to Common Assault by threat of force.
Yes, the threat of force must be immediate and imminent. Generalised threats of future conduct do not suffice. However, in certain circumstances the fear of physical harm does not have to be immediate as long as there is a‘present and con
The maximum penalty for Common Assault is up to 2 years imprisonment and/or fine up to $5,500.
Common Assault falls under Table 2 of Schedule 1 of the Criminal Procedure Act 1986 (NSW). This means that generally the offence is dealt with summarily unless the prosecution elects otherwise. When the offence is dealt with summarily, it is heard in the Local Court before a Magistrate, however, when the prosecution elects to proceed on indictment the matter is heard in the District Court before a Judge and a Jury.
Self-Defence, Duress and Necessity are some of the most common defences available in Common Assault matter.
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