Common Assault may be committed intentionally or recklessly. It requires unlawful physical contact or causing someone to fear unlawful physical contact. The maximum penalty is 2 years imprisonment.
It is not necessary to prove an intention to assault the victim. Recklessness is sufficient. For example, if you threaten without intending to put that person in fear, but you “foresaw” the likelihood of causing fear, that is sufficient.
One of the most common defences to a charge of common assault is self defence. Self defence requires the accused to believe their conduct was necessary to defend themself or another and what they did was a reasonable response in the circumstances.
Once self defence is raised by an accused, the prosecution must disprove it beyond reasonable doubt.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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