What is the Penalty for Threatening a Person?
Making a threat towards someone can be a criminal offence under certain circumstances. Depending on the nature of the threat and who it is made to, you can face a number of different penalties for threatening a person, from a...
DPP v Mathews-Hunter
Although police powers have been increasing in legislation, the judges are still firmly upholding fundamental common law rights in the courtroom. Just ask Mathews-Hunter, an eighteen year old who was recently in front of the NSW Supreme Court, after being...
Is Intimidation a Crime? Has the Law Kept Up With the Many Forms of Intimidation?
Intimidate is defined in the Oxford dictionary as to “frighten or overawe (someone), especially in order to make them do what one wants”. However, in this modern age of smartphones and cyber bullying, the act of intimidation can be so...
Is Spitting On Someone An Offence?
While there is no doubt that spitting on someone is impolite, you may have wondered whether or not it is an offence. Here’s what you need to know. The offence of common assault in NSW Yes, spitting on someone without...
What Are the Different Assault Charges in NSW?
If you have been charged with assault you could find yourself facing a number of different penalties, from a fine up to long-term imprisonment, depending on the circumstances and the seriousness of the alleged offence. Whether you choose to plead...
A Guide to Common Assault
A common assault is any unauthorised touching, or act that causes another to apprehend immediate unlawful violence. The offence of common assault is contained in section 61 of the Crimes Act 1900. To be found guilty of common assault, the prosecution will...
Minor Assaults Expected to be Left Out of One-Punch Legislation
NSW Premier Barry O’Farrell has reportedly watered down new legislation surrounding one-punch attacks. The first set of one-punch laws came into effect last month, and introduced mandatory sentencing for fatal assaults fuelled by alcohol. It is now expected that more...
What Does Criminal Law Say About Threatening a Person?
Threatening another person is not always a criminal offence. Whether or not you will be found guilty under criminal law for threatening a person depends on the circumstances involved, and the nature of your relationship with the other individual concerned....
Is it a crime to threaten or intimidate someone?
Certain threats and acts of intimidation are considered to be serious criminal offences. For each of those offences, the prosecution must prove certain matters beyond reasonable doubt. Here’s what you need to know. The offence of staking or intimidation in...
Will I Get a Fine For Common Assault in NSW?
Common assault is the least serious assault-category offence and is normally brought in cases where no serious injuries have occurred. Common assault is generally dealt with in the local court, but the prosecution may elect to take it up to...