What is common assault?

Common Assault is a physical or non-physical act that causes another person to apprehend immediate and unlawful violence, even if there is no intention to cause such a response. Being reckless to the act is enough to attract a charge of common assault.

For example, a threat that reasonably incites fear in another person that the threat will be carried out, can be held to be a common assault. Whether or not the accused intended to carry out that threat does not matter at law.

It is enough that the accused realised that the complainant might experience fear, and took that risk anyway.

Other examples of Common Assault include:

  • Touching, pushing, kicking, striking, or slapping another person (however actual bodily harm does not result–a more serious charge is laid where actual bodily harm results);
  • Drawing a weapon such as: a stick, glass bottle, or knife;
  • Unlawful imprisonment

What are my options?

Let us help. Get in Touch.

Appointments can be conducted via:

  • zoom,
  • phone or
  • face-to-face at our office.

World Square
Level 45, 680 George Street,
P: (02) 9145 1262 or 0407 122 230
By appointment only

Leave us a message

This field is for validation purposes and should be left unchanged.