Common Assault

Common assault is an offence under section 61 of the Crimes Act 1900. It involves an act that either:

• intentionally or recklessly causes another person to apprehend immediate and unlawful violence; or
• involves unlawful physical contact, even where the resulting harm is minimal or non-existent.

Common assault is generally prosecuted in the Local Court, though it may, in certain circumstances, be dealt with in the District Court.

Key Elements of the Offence

• Apprehension of violence – the offence can be established even where there is no physical contact, provided the victim feared immediate and unlawful violence.
• Unlawful physical contact – includes intentional or reckless act such as pushing, punching, striking, or slapping without consent.
• Intent or recklessness – the prosecution must prove that the accused either intended to cause apprehension of violence or acted recklessly in doing so.

No Requirement of Injury

While injuries may be present in some cases, the offence of common assault does not require proof of actual bodily harm (e.g. bruises or scratches) or grievous bodily harm (e.g. serious injuries requiring medical intervention).

Penalties

• Local Court: Up to 12 months imprisonment and/or a fine of $5,500.
• District Court: Maximum of 2 years imprisonment and/or a fine of $5,500.

Examples of Common Assault

– Throwing an object that causes fear, even if it does not make contact

– Pushing, slapping, or striking another person

– Making verbal threats that cause immediate fear of harm

– Spitting at someone

– Raising a clenched fist in a threatening manner

Available Defences

• Consent: Where the complainant consented to the conduct (e.g. in sporting contexts)
• Lawful Excuse: Such as self-defence or actions taken in the course of lawful duties
• Accident: Where the act was accidental and not reckless

About Post Author

Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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