An Common Assault is any act (but not a failure to act) where a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence. An assault charge can still be laid even though violence didn't occur.
You can be charged with common assault if during an argument you threatened another person, or they received minor injuries from a push, shove, hit, or other contact. Spitting on another person or throwing an object at a person are also classed as common assault.
[50-050] Common assault: s 61
Section 61 Crimes Act 1900 provides, “Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years”.
The most common assault charges are summary offences. This is because they are the least severe form of assault and, even if they result in injuries, are not usually severe enough to be considered indictable.
Section 39 common assault or battery (use of physical force) is the lowest form of violence to the person.
They are primarily defined by the harm caused to the victim – with common assault at the lower end of harm and GBH at the upper end.
Examples include threatening harm, spitting, physically assaulting without causing bodily harm, or restraining a person against their will. However, it is important to note that the Local Court has the discretion to not convict a person if persuaded by their criminal lawyer.
These are the “commonest” types of assault handled in the Australian courts. The charge for a common assault can range from a simple scuffle to a fully pronounced threat. However, the more intense and serious the scenario or threat the likelier the person gets a conviction that will also appear on their police check.
Examples of common assault include unwanted touching, pushing, squeezing, spitting, and throwing of objects with the intent to injure another. Common Assault can also include verbal threats of violence, but only if there is a possibility that the perpetrator can realistically act on the threats.
The maximum penalty for a Common Assault is 2 years imprisonment or a fine of $5,500.00 if the matter is dealt with in the Local Court.
The purpose of the battery is to inflict harm. Assault thus refers to the threat of force, and battery refers to the actual use of the force. Section 61 of the Crimes Act sees the use of fear of the threat of force as the gist of assault.
To charge you with a crime, the police do not necessarily need “hard evidence.” What is required are “reasonable grounds” to suspect an offence has been committed.
Common assault can cover a range of actions and injuries, It is a less serious offence than assault occasioning actual bodily harm (AOABH) or causing grievous bodily harm (GBH), which involve harm to the victim.
Verbal abuse alone is NOT a crime. This means that under the Domestic and Personal Violence Act, verbal abuse or verbal assault CAN ONLY be a crime if it falls under the scope of “intimidation”, which can be found in the following situation: Gaslighting. Threat.
Penalties For A First Offence
Generally speaking, a court can also impose penalties include a conviction only, a fine, a good behaviour bond, community service, suspended gaol sentence, intenstive corrections order, home detention or gaol.
If assaulted then you are entitled to claim not only under the Victims Compensations Scheme but also common law damages as against the assailant. The mere placing of a hand upon another in anger constitutes an assault.
Elements of the offense:
1) The offender makes use of force or intimidation; 2) Such acts are done upon any person coming to the aid of the authorities or their agents on occasion of the commission of any of the crimes defined under direct assault.
However, in the most serious cases of unlawful assault, a person may be charged with 'common assault'. Common assault is a criminal offence that arises at common law in Victoria (R v Patton [1998] 1 VR 7). These matters are heard before the County Court and carry a maximum penalty of 5 years imprisonment.
The main difference between Common Assault and Assault Occasioning Actual Bodily Harm is the occasioning of injury. There doesn't need to be any physical injury for the prosecution to make out a charge of Common Assault.
An offence of Assault Occasioning Actual Bodily Harm is what is known as a “Table 2” offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is it is to be dealt with on indictment by the Director of Public Prosecutions (DPP).
Assault does not require that the victim fear being subjected to severe bodily harm or death. Any reasonable fear is sufficient. Definition of Assault. Assault = intentionally putting another person in reasonable apprehension of imminent harmful or offensive contact.
Under Section 59 of the Crimes Act 1900, a person who assaults another and causes actual bodily harm, shall be liable to imprisonment for five years. The offence is aggravated when the offender commits the offence in the company of another person or persons.
If done intentionally or even recklessly, spitting can be considered an assault, and assaults on police and other emergency workers are considered serious crimes that can result in a prison sentence. But not all cases where a person is alleged to have spat on a police member fit within that category.