City Group Legal Call 24/7

Charges

Common assault

Crimes Act 1900 (NSW) s 61

What is the maximum penalty for common assault in NSW?

Maximum penalty. 2 years imprisonment (when dealt with summarily in the Local Court, a fine of up to 50 penalty units may be imposed in addition to or instead of imprisonment)

A maximum is the ceiling the law sets for the worst category of case. It is not what a court is likely to impose, and it is not a prediction about any particular matter.

What the charge covers

Common assault covers any act that intentionally or recklessly causes another person to fear immediate unlawful violence, or any unlawful physical contact, where no actual bodily harm results. It ranges from threatening gestures to pushing, grabbing or striking someone without leaving lasting injury. No injury needs to be proved; the conduct itself is the offence.

How it is dealt with

Table 2 offence, dealt with summarily in the Local Court unless the prosecution elects otherwise

Where these figures come from

Every figure on this page was taken from the legislation or the Judicial Commission of New South Wales, not from secondary summaries:

Legislation changes. Figures are general as at publication; confirm the current position with a lawyer.

This page is general information about NSW law, not legal advice about your matter. Whether a charge can be defended, and what a court is likely to do, depends on the evidence and the circumstances.

Every stone turned. Every avenue pursued.

Whether you’ve been charged, arrested, or are helping a family member, the earliest advice is the most valuable.