What is Common Assault?

Common Assault is an offence under section 61 of the Crimes Act 1900 (NSW). It occurs where a person assaults another person without causing actual bodily harm or a more serious injury.

A Common Assault charge does not require physical injury. An assault may occur through physical contact or through conduct that causes another person to fear immediate and unlawful violence.

Examples of conduct that may amount to Common Assault include:

• pushing, grabbing or striking another person;
• threatening gestures or movements that cause fear of immediate harm;
• throwing an object towards another person; or
• making unwanted physical contact.

The circumstances surrounding the allegation are critical, and each matter must be assessed based on its individual facts.

Elements of Common Assault

To prove a charge of Common Assault, the prosecution must establish each of the following elements beyond reasonable doubt:

1. An Assault Occurred

The prosecution must prove that the accused person committed an assault.

An assault may occur where a person:

• intentionally or recklessly applies physical force to another person without consent; or
• causes another person to apprehend immediate and unlawful physical contact.

An assault does not require a person to suffer an injury. A relatively minor act of physical contact, or conduct causing fear of immediate violence, may be sufficient depending on the circumstances.

2. The Application of Force Was Intentional or Reckless

The prosecution must prove that the accused person either:

• intended to apply force to another person; or
• was reckless as to whether their actions would result in physical contact.

The prosecution does not need to prove that the accused intended to cause injury. However, it must establish that the physical contact or threatened contact was deliberate or occurred with awareness of the possibility that it would happen.

3. The Contact Was Without Consent or Lawful Excuse

The prosecution must prove that the alleged assault occurred without consent and without a lawful reason.

Conduct may not amount to an offence where it was legally justified, such as certain circumstances involving self-defence or other lawful authority.

What Are the Penalties for Common Assault?

The penalties for Common Assault depend on the circumstances of the offence, the strength of the prosecution case, the person's criminal history and whether the matter is dealt with by way of a guilty plea or defended hearing.

Factors that may influence the outcome include:

• the nature of the alleged conduct;
• whether the incident occurred in a domestic violence context;
• whether there were aggravating features;
• the accused person's prior history;
• the person's personal circumstances; and
• whether the matter can be resolved without a conviction.

Possible outcomes may include a non-conviction order, fine, community-based order or, in more serious circumstances, a sentence of imprisonment.

Defending a Common Assault Charge

Being charged with Common Assault does not mean you are guilty. The prosecution carries the burden of proving every element of the offence beyond reasonable doubt.

Depending on the circumstances of your case, possible defences may include:

• self-defence;
• the incident did not occur as alleged;
• mistaken identity;
• lack of intention or recklessness;
• consent;
• challenging the reliability or credibility of witnesses; or
• identifying inconsistencies or weaknesses in the prosecution evidence.

At Chidiac & Associates, we carefully examine all available evidence, including witness statements, CCTV footage, body-worn camera footage, text messages and other material relevant to the allegations.

How We Can Help

A Common Assault charge requires careful legal analysis and a strategic approach. At Chidiac & Associates, we understand the stress and uncertainty that can accompany criminal proceedings and provide clear advice and strong representation at every stage of your matter.

We provide:

• detailed advice about your charges and legal options;
• representation at court appearances;
• negotiations with prosecutors where appropriate;
• preparation for defended hearings and trials; and
• strategic advocacy focused on protecting your rights and interests.

Our approach is built on thorough preparation, practical advice and persuasive courtroom advocacy.