COMMON ASSAULT | SECTION 61 CRIMES ACT 1900
Common assault is an offence under section 61 Crimes Act 1900 which states:
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.
An assault can be any act by which a person intentionally or recklessly causes another to apprehend immediate and unlawful violence.
If you have been charged with common assault, the prosecution must prove beyond a reasonable doubt:
If the allegation is one of actual physical force, then the prosecution must prove beyond a reasonable doubt:
Standard of proof
COMMON ASSAULT DV T2 | COMMON ASSAULT DOMESTIC VIOLENCE
COMMON ASSAULT | TABLE 2 OFFENCE (T2)
COMMON ASSAULT | DEFENCES
An accused acting in self-defence is not criminally responsible for the offence.
An accused carries out the conduct constituting the offence in self-defence if the person believes that the conduct is necessary to:
AND the conduct is a reasonable response in the circumstances as the accused perceives them.
DEFENCE OF LAWFUL CORRECTION
An accused charged with common assault arising out of application of physical force to a child, can rely on the defence of lawful correction if the physical force was applied for punishment of the child but only if:
The law recognises that in some cases someone who commits what would otherwise be a crime should be excused for having done so. The law recognises that sometimes people really do not have a choice and their choices have been overborne by a serious threat to either them or their family.
There are three elements which make up the defence of duress.
A person acts under duress, and therefore will not be held to be criminally responsible if that person’s actions were performed:
The above should not be treated as legal advice but general information.