What Does A Common Assault Charge Mean – We Explain the ACT Law About Common Assault.

Assault is a serious offence in criminal law and has grave consequences for a person charged with its commission. Though Canberra continues to have a relatively high safety index, its residents are becoming increasingly concerned about the rising levels of crime within its borders.

In the Australian Capital Territory, this offence is usually brought against individuals who have caused harm to another person but without leaving a clearly ascertainable injury, or otherwise, the acting in a way which causes the apprehension of harm in the mind of the alleged victim. Section 26 of the Crimes Act 1900 (ACT) states that “a person who assaults another person is guilty of an offence punishable, on conviction, by imprisonment for 2 years.”

Imprisonment is the harshest penalty for a charge of Common Assault, though imprisonment is a last resort and there are other penalties available to the Court.

What are penalties for Common Assault?

Common Assault has a range of penalties. These are implemented based on the unique facts of each case. As already mentioned, imprisonment is an option but is usually a last resort and only reserved for the most serious of offences or offenders. There are also options for giving out a Community Service Order, a Good Behaviour Order, an intensive correction order, payment of a fine, or even a non-conviction order meaning either no conviction or penalty at all or only a requirement that you enter into a good behaviour order.

What acts may be charged with Common Assault?

Strictly speaking, even a slight touch can be a basis for a charge of Common Assault. Punching, hitting, kicking, or otherwise harming another person can cause this charge to be brought upon someone.

Spitting can also be a grounds for assault. Aside from being a disgusting act, it is also possible to transmit disease or infections through spit, which can be the basis for the assault charge.

Threatening to hurt another person can also be a basis for this charge. Your criminal lawyer can inform you of other acts that can be charged with Common Assault.

Will this charge appear on my criminal record?

According to the ACT sentencing database, from 2012 to 2016, 19 out of 20 assault charges were sentenced with a criminal conviction. A conviction of Common Assault will appear on your criminal record.

Ultimately, despite whether you are convicted or not, the offence and the sentencing result will appear on your record. However, a criminal conviction may not if the Court decides not to record a conviction. Sometimes even if the penalties themselves are comparatively mild, you will certainly suffer the social and economic impact of living with a criminal conviction, as it can impact on your ability to travel or ability to hold down a job.

What should be proven in an assault charge?

The prosecution must prove, beyond a reasonable doubt, that you acted in a way which caused harm or the threat of harm to the person, whether involving actual touching or contact or not. Furthermore, the prosecution have to show that you did this intentionally or recklessly, and without lawful excuse or consent of the complainant or victim. Some common defences for assault include self-defence or defence of another person or accident. Even more commonly, it may be as simple as establishing that it did not happen the way the prosecution says that it did.

Conclusion

Despite being the least serious type of assault, a charge of common assault is not a light matter and it is taken very seriously by the Courts. A criminal conviction may still stay on a person’s criminal record and can cause problems for you in the future.

If you have been charged and are looking to get the best possible outcome, you should seek the services of an criminal lawyer experienced in handling cases like these.

If you are looking for leading criminal lawyers in Canberra, get in touch with Andrew Byrnes Law Group today. We are experienced and fearless criminal lawyers, and we can answer other questions you have about cases like these. Get in touch with us today for