Common Assault

Application

Advice and guidance around when this offence could apply, and when it shouldn't apply.

Applies When

• A person directly threatens somebody with immediate violence and the victim thinks an attack is imminent.
• A person throws a punch at somebody but they miss.
• A person punches or kicks the victim but leaves minor bruising.

Doesn't Apply when

• A person makes a hollow threat of violence.
• A person falls over, accidentally striking someone as they try to brace themselves.
• The victim sustains injuries more severe than those covered by this section. Instead use the higher grade offence.

Sentencing

Suggested sentences for those who have been convicted of this offence, and advice on the applicable conviction processes.

• Sentences: Where there are multiple suggested sentences, select the sentence that is most appropriate given the offences circumstances.
• Process: Where there are multiple options for the due process, consider the process that best matches the circumstances of the offence, i.e. for more serious circumstances, consider the higher option.

Suggested Sentences

• 5 Silver Penalty
• 1 Day Community Restitution Order
• 3 Lashes

Due Process

• Penalty Offence: A fixed penalty notice (FPN) can be issued for this offence without a court hearing or supervisor escalation.

Further Guidance

There is no further guidance for this offence.