Assault occurs when a person intentionally or recklessly causes another person to fear immediate violence which may or may not involve the use of force. Force in such instances includes the following:

Poking
Touching
Pushing
Hitting
Punching
Striking
Kicking
Or any other applying of force

However, force does not matter whether it is soft or hard or if an injury occurs. To give comments on common assault charges in NSW is a spokeswoman and attorney from ETB Legal.

In respect of the perpetrator being guilty of the crime of common assault the spokeswoman was asked what factor(s) affected the perpetrator being found guilty or not guilty. To this the spokeswoman stated that “a person said to have assaulted another will be found not guilty of the common assault if the prosecutor cannot prove beyond reasonable doubt that:

–You assaulted a victim – such an assault is the intended or reckless causing of another person to apprehend immediate and unlawful violence including words.
–Further, recklessness in respect of assault in where the accused foresees the possibility of inflicting injury or fear and ignores the risk of such conduct. A way of reasoning that can discredit the prosecution is where the assault is not hostile. The general notion that assault must be made in an ‘angry, revengeful, rude, insolent or hostile manner’; thus where assault is made in a non-hostile setting it may be difficult to prove. For example, interpreting the scenario where a couple are arguing and one walks away from the other and the other party grabs the leaving party’s hand. If the intention is to calm the party down this is not assault however, if the intention is to instil fear or inflict pain on the party this is assault or battery. However, the action is the same but the interpretation is what is key. “
She further explained that “it is important to note the need to differentiate between assault and contact with another person as a result of everyday life experiences such as bumping into someone while walking in a crowded street; this is not battery or assault it is simply inevitable as result of external circumstances.”
When asked to explain on the common defences that can be used by the defendant for an assault charge the spokeswoman stated that there are:
–Duress – this is basically where the person acted involuntarily. If that person’s actions were done under the threat of death or really serious injury. To use the defence of duress the following evidence is required:

The making of an actual threat
The nature of the threat being of death or serious injury to the accused or their family
The gravity of the threat would cause a person of ordinary firmness of mind ad will, of the same sex and maturity as the accused to yield in the way the accused did.
The accused acted as they did because of the threat which was still in their mind at the time

–Necessity
–Self defence
–Evidence was improperly or illegally obtained

About the company:
ETB Legal is a law firm of renowned professionals that handle criminal law matters including common assault cases. For more information visit Etblegal.Com.Au.