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ARTICLE · 06 FEBRUARY 2022

Assault or Affray

People protesting against COVID-19-related restrictions may have been charged with different types of assault or affray.

AustraliaCriminal Law

No doubt you would have seen in the news recently that people protesting against COVID-19-related restrictions have been charged with several different types of assault. You might be wondering why this is and more importantly, does this make a difference? The short answer is - yes it does. The differences are discussed below.

Assault

There are many different ways assault can be charged. Some common questions we get asked are:

I only pushed this person, can police still charge me with assault?

Yes. To prove an assault there does not need to be an 'injury' (although sometimes there is). Generally, it only requires that you apply 'force' to someone else. In some instances, assault can also be established where the victim is in fear of the use of force without any physical touching taking place.

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