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:
- That you caused another person to fear immediate and unlawful violence, or that you made physical contact with another person, and
- That the other person did not consent, and
- That your actions were intentional or reckless.
The defences to Common Assault include:
- Self-Defence
- Duress
- Necessity
- Lawful correction of a minor
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