普通攻击

In New South Wales, Common Assault occurs when a person intentionally or recklessly causes another person to fear immediate and unlawful violence, or makes unauthorised physical contact without consent. Notably, actual physical injury is not required, mere apprehension of harm or unwanted physical contact (such as pushing or slapping) can suffice.

Common Assault is one of the most basic and common criminal offences under Australian law. It involves either:

• A physical act creates fear of immediate violence), or
• Physically applying force to someone without their consent, even if no injury occurs.

Under 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."

This means that no actual injury is required, the offence can be committed by actions like:

• Raising a fist in a threatening manner
• Slapping someone
• Shoving or pushing
• Spitting on someone
• Throw an object violently towards someone

To secure a conviction, the prosecution must establish beyond a reasonable doubt that:

• the accused applied force to another person, or caused fear of immediate violence;
• the act was intentional or reckless; and
• the act was without lawful excuse or consent.

Several defences may apply depending on the circumstances:

Self-Defence

• You acted to protect yourself, your property, or another person.
• Your belief that your actions were necessary must be reasonable.
• The prosecution must prove beyond a reasonable doubt that you were not acting in self-defence.

Duress

• You were threatened or coerced into committing the act.
• The threat must be serious enough to override your free will.
• The prosecution must prove that you were not under duress.

Necessity

• You acted to avoid serious and imminent harm.
• Your actions must have been reasonable under the circumstances.

Reasonable Discipline (in cases involving adults disciplining children)

• The force used must be reasonable and appropriate for discipline.

Common Assault is considered a summary offence, meaning it is dealt with in the Local Court. The maximum penalty is 2 years’ imprisonment and/or a fine of up to$5,500. However, courts often impose alternative penalties such as a Conditional Release Order (CRO), Community Correction Order (CCO), or inappropriate cases, dismiss the matter under section 10, particularly for first-time offenders with mitigating circumstances.

Possible penalties include:

• Section 10 dismissal (no conviction recorded)
• Conditional Release Order
• Community Correction Order (CCO)
• Intensive Correction Order (ICO)
• Imprisonment