Criminal Law - What constitutes an assualt and possible defences

Section 61 of the Crimes Act 1900 (NSW)

“Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years”

Assault is any act which intentionally or recklessly causes another person to apprehend immediate and unlawful violence and does not necessarily mean that the victim has to be physically touched. Assault can range from battery to threatening words to pointing a toy weapon at someone though in this case the intention must be that the victim believes that the toy weapon is real. NOTE: The victim must be aware of the accused’s actions.

Threats of violence at some future point in time are not sufficient

The element of the offence is – The accused assaulted the victim.

Unless an election is made for trial on indictment the matter will be dealt with in the Local Court. The charge of Common Assault can be prosecuted on indictment.

POSSIBLE DEFENCES

Possible defences to a charge if Common Assault might be

• Mental Illness
• Self Defence
• Duress
• Necessity

You should consult a solicitor if you have charged with Common Assault.