Common Assault in NSW

Common assault is given effect by Section 61 of the Crimes Act 1900 (NSW), which states that whosoever assaults any person, although not occasioning actual bodily harm, is guilty of an offence.

In simple terms, it refers to the intentional act of causing someone to fear immediate harm or violence. It does not necessarily involve physical contact or actual harm. It can be a threat or action that makes someone believe they might be harmed. For example, if someone makes gestures, behaves aggressively, or uses threatening words that make another person fear for their safety, it can be considered common assault.

Common assault is a serious offence that can result in legal consequences, such as imprisonment or fines, depending on the severity of the incident.

What does the prosecution need to prove to find me guilty of common assault?

To be found guilty of the offence of common assault, the prosecution must prove beyond a reasonable doubt that:

1. You made physical contact with another person, or that you caused another person to fear immediate and unlawful violence.
2. The other person did not consent.
3. Your action was intentional or reckless.

What are the maximum penalties for common assault?

The maximum penalty for common assault is 2 years imprisonment and a fine of $5,500.

Contact us now to arrange for a free first consultation. We are experienced in common assault cases, and we are here to assist you obtain the best outcome.