COMMON ASSAULT – WHAT IS IT?
Australia is a patriotic and passionate country. Unfortunately for some, this enthusiasm mixed with a little Dutch courage leads to trouble that often involves the Police. This ANZAC Day, I witnessed a scuffle at a local establishment that got me thinking about the public’s understanding of assault charges.
Fortunately, no punches were thrown and nobody was injured however a man could be heard saying to Police “What do you mean you’re going to charge me with assault? I didn’t hit him, I only pushed him.”
What many people don’t understand is that a person can still be charged with what is known as “common assault” even though you do not physically harm a person.
There are a range of different actions that might constitute a common assault, for example:
- A mere threat of violence or harm (note that a threat is enough, even if no action is taken);
- Scuffles that involve pushing, shoving, wrestling etc;
- Spitting on another person.
Offences that result in harm to another person, usually referred to as “bodily harm” or “grievous bodily harm” are more serious offences which carry greater penalties.
The most serious penalty for the offence of common assault is prison. Other offences include Intensive Correction Orders (the equivalent of serving a jail sentence outside prison), Community Service Orders, Good Behaviour Bonds, and at the less serious end of the scale, a fine or Section 10 dismissal.
If you are charged with the offence of common assault you will need to come before a Court to plead guilty or not guilty. This type of matter will be heard in the Local Court, usually in proximity to where the offence occurred.
This means you will need to come before a Magistrate and decide whether you plead not guilty and go to a full hearing, or plead guilty and make submissions about what penalty you should receive.
In either circumstance it is wise to obtain legal advice from a suitably qualified Lawyer. Please contact our criminal law team if you have any questions.
