Common Assault Charge
Have you been charged with an offence concerning common assault?
Section 335 of the Criminal Code Act 1899 provides that any person, who unlawfully assaults another, is guilty of a misdemeanour. If no greater punishment is provided, they are liable to imprisonment for three years. This offence can be distinguished from an offence of assault occasioning bodily harm, which carries a liability of imprisonment for seven years. The distinction is that “bodily harm” occurred and therefore it is regarded as a more serious offence.
As this assault do not need to satisfy the element concerning bodily harm, it is an assault which is regarded as one of the least serious assaults. Considering the nature of the offence and its maximum penalty of three years, it is likely to be the subject of summary proceedings. This means if you have been charged with or your charge has been downgraded to common assault, then you will be dealt with in the Magistrates Court.
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