When people hear the word assault, they often picture a violent fistfight. But under NSW law, even a push, raised fist, or threatening gesture can be considered common assault.
In New South Wales, Common Assault is defined in Section 61 of the Crimes Act 1900 (NSW). You don’t have to physically touch someone to be charged. If your actions cause someone to fear immediate unlawful physical harm, that may be enough to constitute an assault.
Examples of Common Assault
Common assault includes a wide range of behaviours, such as:
- Striking or touching another person without their consent
- Making aggressive or violent gestures (e.g. raising a fist)
- Threatening someone verbally or via messages
- Spitting on a person
- Throwing an object at someone, even if it misses
- Harassing someone in person or online
- Causing minor injuries through reckless acts
Which Court Hears Common Assault Charges?
In most cases, common assault charges are heard in the Local Court. If the accused is under 18, the matter is usually dealt with in the Children’s Court.
However, either party can request the case be transferred to the District Court, which has broader sentencing powers.
Penalties for Common Assault in NSW
The maximum penalty for common assault under NSW law is two years in prison. However, depending on the facts and seriousness of the offence, other sentencing options may include:
- Fines
- Community service
- Good behaviour bonds
- Parole or supervised orders
🔗 Read more about penalties for assault offences on the NSW Sentencing Council website.
Defences to a Common Assault Charge
Several legal defences may be available if you’re charged with common assault:
1. Self-Defence
You may argue that your actions were necessary to protect yourself or another person from harm. The force used must be proportionate to the threat faced.
2. Lawful Correction
Parents may argue that reasonable physical force was used to discipline a child. However, the court will assess whether the force was excessive based on the child’s age, health, and maturity.
3. Doli Incapax – Age of Criminal Liability
A child under the age of 10 years cannot be found guilty of common assault under NSW law.
Real-Life Examples of Common Assault
Here are some less obvious, day-to-day examples:
- Raising a hand as if to strike someone
- Throwing a bottle toward someone in anger
- Detaining a student after school without permission
- Harming an animal, causing injury to a person (e.g. a police horse)
What to Do If You’re Charged with Common Assault
Being charged with common assault can be stressful and overwhelming. It’s vital to act quickly and speak to an experienced criminal lawyer who can explain your rights and build your defence.
At MCB Lawyers, we provide strong legal representation for assault matters across Manly and the Northern Beaches, Wollongong, and Parramatta.
📞 Contact us today or call (02) 9977 1133 for a confidential consultation.