Assault or Common Assault as it is often referred to is any Act which intentionally or recklessly causes another person to fear immediate and unlawful violence. The Act or attempted physical attack against another, by a person who appears to have the ability to cause bodily harm, must cause apprehension or fear of immediate harm in the victim.
Words alone do not amount to an assault so a person could threaten to kill someone else and this would not attract criminal liability for assault. It may, however, be grounds for the other person to obtain an Apprehended Violence Order.
For example, if someone is holding a knife and says, "I'm going to cut you," that's an assault. But, if the person says, "I'm going to get a knife, find you, and cut you,"
that threat isn't an assault because the threat is not immediate. Such a threat might be part of another crime, such as extortion.
The different categories of assault in addition to assault itself, include:
Assault Occasioning Actual Bodily Harm
Assault with Intent to Commit a Crime
Assault Occasioning Grievous Bodily Harm
Sexual Assault, up to and including:
As assault is a criminal offence the burden of proof falls upon the prosecution to prove the case beyond reasonable doubt and there are a number of defences that are available to an accused person who is charged with an assault. These include, Self Defence, Defence of Another, Defence of Property, Affecting a Lawful Arrest and Removing a Trespasser from Land (using only force that is reasonable under certain circumstances).
If you have been charged with Assault it is vital you find the best criminal lawyers in Sydney to defend your case. At CRIMLAW our experienced lawyers and accredited criminal law specialists will structure a comprehensive criminal defence that is targeted at enhancing your chances of a successful outcome.
What Next ? ...Call CRIMLAW on 1300 276 529 !!