Section 61 of the Crimes Act states:
Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for 2 years.
Common Assault involves any physical contact upon another person or even non-physical contact, which causes another person to fear immediate and unlawful violence. Remember in both situations the assault must NOT be consented to by the other person for the offence to be proven.
If you are charged with common assault your matter will be dealt with in the Local Court unless an election is made for trial on indictment. If an election is made your matter will be dealt with in the District Court.
The maximum penalty for this offence if you are convicted in the Local Court are as follows:
- A term of imprisonment of up to 12 months; or
- A fine up to $2200.00 or both.
Pleading Guilty
If you are charged with this offence and you are pleading guilty you will have to appear before a Magistrate to be sentenced.
You can avoid a criminal conviction, a term of imprisonment and or a fine if the Magistrate is persuaded to deal with your matter pursuant to section 10 of the Crimes (Sentencing & Procedure) Act 1999.
A Magistrate when sentencing you for this offence will take into account the facts of the case your prior record and any subjective material you present.
To ensure your case is properly prepared for your sentence hearing by an experienced Criminal Lawyer contact a Partner from Benjamin & Leonardo for a FREE conference.
Pleading Not Guilty
You can enter a plea of not guilty to the charge of common assault. If you plead not guilty, a brief of evidence will be served upon your legal team. The brief of evidence contains all the evidence against you usually consisting of statements by alleged victim(s), witnesses and any forensic evidence.
Once the brief of evidence has been carefully considered by yourself and your legal team and you adhere to your not guilty plea, a hearing date will be allocated.
The hearing is where victims, witnesses, Police and any experts attend Court to give evidence orally. The witnesses are then made available for cross-examination by your legal team.
If you are giving oral evidence in Court to explain your version of events you will also be cross-examined by the prosecutor.
Defences
If you are pleading not guilty to Common Assault possible defences are:
- Self Defence/ Defence of another or Defence of property
- Duress;
- Necessity;
- It was not you (wrongful identification).
A defended hearing requires significant preparation. The brief of evidence must be carefully dissected consideration must be given to whether any subpoenas should be issued, and you need a lawyer who can stand up in Court and defend your rights.
The Partners at Benjamin & Leonardo Criminal Defence Lawyers have a wealth of experience in appearing in Court for both sentence hearings and defended hearings.
The Partners at Benjamin & Leonardo Criminal Defence Lawyers will provide you with all the important information you need if you are pleading guilty to common assault and will ensure that all the material you wish to put before the Court is presented in a way which will give you the best chance of obtaining the right result.
If you are pleading not guilty to the charge of Common Assault the Partners at Benjamin & Leonardo Criminal Defence Lawyers will ensure that your case receives the preparation and consideration it requires to give you every chance of being found not guilty.
Please contact Benjamin & Leonardo Criminal Defence Lawyers for a FREE conference with a Partner of the firm.
