The maximum penalty for this offence is generally 18 months imprisonment and a fine of $18,000. They include: In rare cases, the legal defenses of necessity and duress may be available to a charge of common assault. Given the nature of the offence, the punishment will still be harsher than that of common assault. In other words, the accused must intend to provoke that state of mind in the victim. “Unlawful” means without legal justification. In New South Wales, the indictable offence of common assault is defined by section 61 of the Crimes Act 1900 as an assault upon another person that does not cause actual bodily harm. If the act is done in circumstances of aggravation or racial aggravation, the maximum penalty is 3 years imprisonment and a fine of $36,000. Striking someone with a thrown object that does not cause injury. Whether common assault resulted from provocation or was an act of self-defence, these are some of the things we want to know about at Russo Lawyers. Section 10 allows a court to find an accused guilty without recording a conviction or imposing a penalty. Firstly it is seen … If you have been charged with common assault, it is important to understand what this means for you and what distinguishes it from other violent offences. The availability of a defence is entirely based on the facts and circumstances of an assault. In these circumstances, the offence is considered a crime, rather than a misdemeanour. When the offence is dealt with in the district court or higher courts, the maximum penalty is 24 months imprisonment. “Intentionally” means acting with the purpose of causing another person to fear that he or she will be the victim of immediate and unlawful violence. https://www.localsolicitors.com/criminal-guides/common-assault-abh-and-gbh The accused reasonably acted in defense of another person. People who are accused of common assault can often minimize the penalty they receive by staying out of trouble and taking appropriate action (such as entering a treatment program for alcohol abuse or completing anger management classes) prior to sentencing. The Sentence Under Section 335 of the Criminal Code Act 1899, common assault carries a maximum penalty of 3 years in prison if found guilty. Approximately It relies on the same definition of ‘assault’, but, unlike the other Code offences discussed above, it applies higher maximum penalties based on specific scenarios and victim characteristics. Also available to a defendant is adult restorative justice conferencing, also known as justice mediation. Available defences include provocation, self-defence or accident. A common assault carries a 2-year maximum sentence of imprisonment. Please contact us to arrange a consultation so we can inform you how best to proceed. What are my rights in a police interview? Evidence which seeks to demonstrate actual bodily harm should not be admitted on sentence for common assault. If the offence was against a provoked assault, it will only be an applicable defence if the defendant was doing so to prevent death or grievous bodily harm. A common assault does not require the infliction of physical force, although some assaults involve physical contact (such as shoving) that does not cause actual bodily harm. How can you get a lesser sentence for common assault? To get a lesser sentence for common assault, a defendant may be able to use one of the defences available to this charge. Brisbane QLD 4000, © echo date('Y'); ?> Russo Lawyers - Brisbane Website Design OnePoint Software Solutions, Level 5,420 George StreetBrisbane QLD 4000. Protect another person fails to protect another person from an assault be raised to an accusation common... 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