No matter what you think your chances are at trial on charges of common assault in Nsw, you may have a proper defence. Consult an experienced attorney to assist you with assault charges to protect the rights of yourself and others.
Common assault is defined in NSW as “any act — and not a mere omission to act — by which a person intentionally — or recklessly — causes another to apprehend immediate and unlawful violence.” So it is not the act of actually striking someone, but the threat of said striking, that constitutes the crime. In the home, this is referred to as common assault domestic violence.
There are four elements which constitute a common assault. They are: (i) an act by the accused which intentionally, or recklessly, causes another person (the complainant) to apprehend immediate and unlawful violence; (ii) that such conduct of the accused was without the consent of the complainant; (iii) that such conduct was intentional or reckless in the sense that the accused realised that the complainant might fear that the complainant would then and there be subject to immediate and unlawful violence and none the less went on and took that risk and (iv) that such conduct be without lawful excuse.
There is also the crime of assault where, in addition to the above, an actual striking takes place.
Even if you believe the common assault charge against you is true, you may have a defence to bring to court to either reduce the punishment or prevent it altogether. For example, self-defence, provocation and motive are three reasons that might assist you in court and relieve you from liability. It is imperative to consult an attorney experienced with Common Assault Nsw to protect your rights.
In addition to the above, in any criminal charge, make sure the police “statement of facts” is accurate. If not, an application to the magistrate may lead to dismissal of any charges.
Also, if you can show a legitimate reason for your actions, and that without that reason you would not have committed the act, this may serve as a proper defence.
Indeed, in any criminal charge, you should consult an experienced attorney to assist you with Common Assault Nsw to protect the rights of yourself and others.