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Common Assault

Common Assault is an offence under Section 61 of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison and/or a fine of $5,500.

To establish the offence, police must prove each of the following elements:

  1. That you caused another person to fear immediate and unlawful violence, or that you made physical contact with another person, and
  2. That the other person did not consent, and
  3. That your actions were intentional or reckless.

The defences to Common Assault include:

  1. Self-Defence
  2. Duress
  3. Necessity
  4. Lawful correction of a minor

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