Pursuant to section 61 of the Crimes Act 1900 (NSW), it is an offence to assault another person, although not occasioning actual bodily harm. The maximum penalty for the charge of common assault is 2 years imprisonment.
To be convicted of common assault, the prosecution must prove the following elements beyond reasonable doubt, namely:
- You struck, touched or applied force, or threatened another person with immediate violence; and
- The act was done intentionally or recklessly; and
- Without consent of the person whom the assault is alleged to have occurred against; and
- Without lawful excuse.
If the prosecution fail to prove, beyond reasonable doubt, the above factors then you will be found not guilty of the offence.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defenses can be established:
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