Common assault has a low threshold and you do not need to make contact with another person to be found guilty of this offence. You can be charged with Common Assault if you commit any action (real or intended) that causes immediate fear of unlawful violence. If found guilty of this offence, then the most serious penalty is imprisonment for up to 2 years.

More commonly this charge is applied when the defendant allegedly assaults another person without actually causing injury or if they simply make threats of violence. However, spitting on someone or throwing something at another person can also constitute an assault.

The court has the option to impose a range of sentences including but not limited to:

  • Dismissing the matter without conviction
  • Imposing a fine
  • Issuing a good behaviour bond
  • Community Service Order
  • Suspended Sentence
  • Intensive Correction Order
  • Home detention
  • Imprisonment (Jail) for up to 2 years
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