Share on LinkedInShare on LinkedIn

ARTICLE · 22 JULY 2024

Common Assault

The law, penalties, and defences concerning common assault in Australia.

AustraliaCriminal Law

Here is a run-down on what is common assault? In Australia, there are various types of assaults, from the lower end threats to murders and homicides, and everything in between. This articles outlines the law, penalties, and defences concerning common assault.

What is Common Assault?

The common assault definition is an assault to any person causing injuries that do not amount to actual bodily harm. This attracts criminal prosecution carrying heavy penalties prescribed by the common assault crimes act in section 61 of the Crimes Act 1900 (NSW). Common assault is amongst the lower end of seriousness of the range of assaults under the law.

An assault is a voluntary and intentional act, and not merely an accidental act, which cannot be committed by an omission to act, that an accused person intentionally or recklessly causes the victim to apprehend immediate and unlawful violence or sustain unlawful force, without consent and without a lawful excuse.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from