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Penalty for Common Assault | Section 61 Crimes Act NSW

The maximum penalty for the offence of “common assault”

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

Local Court:

Section 61 common assault

  • Section 9 Bond (now community correction order): 41.2%
  • Section 10(1)(b)&(c) Bond: 24.3%
  • Fine Only: 15.2%
  • Prison: 6.6%
  • Suspended Sentence (no longer available): 4.5%
  • Community Service Order (now community correction order): 3.3%
  • Section 10(1)(a) Dismissal: 3.1%
  • Section 10A: 0.9%
  • ICO: 0.8%

The average prison sentence for the offence is 7.7 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 5.4 months in prison.

District and Supreme Court:

Section 61 common assault

  • Prison: 37.9%
  • Section 9 Bond (now community correction order): 33.7%
  • Section 10(1)(b)&(c) Bond: 9.5%
  • Section 10A: 5.3%
  • Suspended Sentence (no longer available): 5.3%
  • Rise of Court: 3.2%
  • Community Service Order (now community correction order): 3.2%
  • Section 10(1)(a) Dismissal: 2.1%

The average prison sentence for the offence is 7.5 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 6.1 months in prison.

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