The Offence:A common assault is the least severe type of assault. It doesn’t mean that someone has to be hurt or even touched to be assaulted. It can be a push, punch, slap, headbutt, or hit with a knee or elbow. It can also be raising a fist at someone or throwing something towards them, making them think they’re about to be touched.
Applying force may include applying heat, light, electrical force, gas, odour, or any other substance or thing in such a way that it may cause injury or personal discomfort. Beyond Reasonable Doubt:The Prosecution must be able to prove, beyond reasonable doubt that:
1) You applied force or threatened immediate violence to another person. 2) Your actions were intentional or reckless. 3) Your actions were without consent. 4) Your actions lacked lawful justification or excuse. Words alone cannot amount to an assault. There must be some bodily act or gesture associated with words indicating an intention of assaulting Possible Defences:There may be defences to Common Assault under certain circumstances such as self-defence, defence of another person or property, or provocation. Defences could also arise from mental illness, acting under duress or in an emergency.
Aggravation:s52 Criminal Code: If it is proven that you were motivated by hatred for a person or group on the basis of their race, religion, sexuality, sex characteristics or gender identity, then the offence is maximum penalty is increased to 4 years imprisonment. s108B Penalties & Sentences Act: If you commit the offence in a public place whilst intoxicated, the court must make a Community Service Order. The information on this page a general summary, current at the time of publishing. It is relevant only to the State of Queensland in Australia. Call us for a free case appraisal.
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