Assault

An assault is any act by which a person intentionally, or recklessly, causes another to apprehend immediate and unlawful violence. In cases such as this, the fear is the assault. Battery is the actual infliction of force on another. However, the word “assault” has come to describe both offences. 

Assault can come with serious penalties and gaol time, so if you are charged, it’s important to seek legal advice straight away. More serious assault matters also attract a standard non-parole period which can be taken into account by a court in determining the appropriate sentence for an offender.

If an individual is charged with common assault without inflicting any physical force, there are four elements which constitute an assault. They are:

1. An act by the individual which intentionally, or recklessly, causes another person (the victim) to apprehend immediate and unlawful violence.
2. That such conduct of the accused was without the consent of the victim.
3. That such conduct was intentional or reckless in the sense that the individual realised the victim might fear that they would be subject to immediate and unlawful violence and none the less went on and took that risk.
4. That such conduct be without lawful excuse.

If an individual is charged with common assault with inflicting any physical force. There are again four elements which constitute an assault. They are:

1. A striking, touching or application of force by the individual to another person (the victim).
2. That such conduct of the accused was without the consent of the victim.
3. That such conduct was intentional or reckless in the sense that the individual realised that the victim might fear that they would be subject to immediate and unlawful violence and none the less went on and took that risk.
4. That such conduct be without lawful excuse.