Common assault is a criminal charge that can include two different kinds of assault:
- Physical assault (battery)
- Causing a person to fear imminent (immediate) physical harm
To be guilty of physical assault, it must be proven that you intentionally (purposely) or recklessly used unlawful force or violence against another person, without their consent (agreement). Common assault does not require proof of an injury being suffered. If a person is physically injured by an assault, the charge would be one of assault occasioning actual bodily harm (Crimes Act 1900 section 59(1)).
To be guilty of the second kind of common assault – causing a person to fear imminent physical harm – it must be proven that you intentionally or recklessly caused another person to fear immediate violence by words (such as threatening to hurt them) or conduct (such as raising your fist). It does not matter if you did not touch the other person, so long as they feared that you were going to physically assault them and you intended (meant) for them to fear that.
Examples of common assault include:
- Striking a person, including pushing, punching, slapping, kicking
- Raising your fist towards a person
- Spitting at/on a person
- Throwing an object towards a person (whether or not it hits them)
- Using threatening words
Possible defences to a charge of common assault include:
- The physical contact was an accident
- You acted in self-defence
- The other person consented (agreed) to you doing what you did
- You were acting under duress
- Lawful correction of a child
The maximum penalty for common assault (the heaviest sentence that a person can receive if found guilty) is imprisonment for two years.
If you have been charged with common assault, you should seek legal advice immediately.
If you or someone you know wants more information or needs help or advice, please contact us on 02 9159 9024 or email [email protected].