Section 61 Crimes Act 1900 | Common Assault


One of the most frequently prosecuted offences is ‘common assault,’ which is contained in section 61 of the Crimes Act 1900. 

Section 61 says that if you are found guilty of common assault, you could face a maximum penalty of 2 years imprisonment.

A ‘common assault’ refers to some kind of deliberate or reckless conduct which causes another person to fear immediate and unlawful personal violence.

Usually, this refers to touching another person without their permission, however it can also include actions which don’t involve any physical contact – such as making serious threats which cause another person to fear for their safety.

You can read more about common assault on our offences page here.

The Legislation

Section 61 of the Crimes Act 1900 deals with common assault and reads as follows:

61 Common assault prosecuted by indictment

Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.

Why Sydney Criminal Lawyers®?

If you’ve been charged with common assault, our expert defence team can help you avoid a harsh penalty or a criminal conviction.

We have successfully defended countless common assault matters and have a proven track record of getting excellent outcomes in some of the most serious assault matters.

Our lawyers specialise exclusively in criminal law, which means that unlike ‘general’ lawyers, we have an in-depth and thorough understanding of common assault law. Our unparalleled experience in this field sets us a cut above other law firms who lack our expert knowledge.

We can advise you of your options in your case, including any defences that you can raise, such as self-defence. Alternatively, if you wish to plead guilty, we can persuade the magistrate to deal with your matter leniently – such as by way of a ‘section 10,’ which is where you are found guilty but no conviction is recorded on your criminal history.

For the best result in your common assault matter, get the experts on board. Call us now on (02) 9261 8881 and arrange your FREE first conference to discuss your common assault matter.