02 9159 9010
Charged with Common Assault in NSW?
Common assault is the least serious form of assault under NSW law, but a conviction still carries a maximum penalty of 2 years’ imprisonment and will be recorded on your criminal record. Importantly, common assault can occur without any physical contact — simply causing a person to fear immediate unlawful violence is sufficient.
If you have been charged with common assault, contact Blackridge Law on 02 9159 9010 for a free consultation.
What Is Common Assault?
Common assault is an offence under section 61 of the Crimes Act 1900 (NSW), which provides:
“Whosoever assaults any person, although not occasioning actual bodily harm, shall be liable to imprisonment for two years.”
At common law, an assault includes any act that causes the victim to apprehend (fear) immediate unlawful force, or any application of unlawful force to the victim, no matter how slight. Physical contact is not required — raising a fist, throwing an object that misses, or making a threatening gesture can all constitute common assault.
Elements of Common Assault
To prove common assault, the prosecution must establish beyond reasonable doubt that:
- Your conduct either caused the victim to fear immediate unlawful violence, or applied unlawful force to the victim (however slight)
- The conduct occurred without the victim’s consent
- Your conduct was intentional or reckless (recklessness means you recognised the possibility of causing harm or fear but proceeded regardless)
Defences to Common Assault
- Self-Defence: You acted to protect yourself or another person, and your response was reasonable and proportionate in the circumstances as you perceived them
- Consent: The victim consented to the contact, such as in the context of contact sports
- Accidental Contact: The contact was genuinely unintentional — for example, accidentally bumping someone in a crowded space
- Duress: You were forced or threatened into committing the act
- Lack of Awareness: The alleged victim was not actually aware of the conduct and therefore could not have apprehended fear of violence
- Identification: You were not the person who committed the alleged assault
Penalties for Common Assault
The maximum penalty is 2 years’ imprisonment. However, the full range of sentencing options is available to the court, and first-time offenders in less serious cases may receive a Section 10 dismissal (no conviction recorded), a Conditional Release Order, or a fine. The outcome will depend on the circumstances of the offence, any injuries, your criminal history, and the strength of your defence or sentencing submissions.
How Blackridge Law Can Help
Common assault charges often arise from situations that escalate quickly — arguments, misunderstandings, or incidents where the full context has not been properly considered by police. Our lawyers carefully review the evidence, identify all available defences, and work to achieve the best possible outcome, whether that means having the charge withdrawn, negotiating a downgrade, or presenting strong submissions for a non-conviction order.
Speak with a lawyer
Charged with an assault offence? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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