Law Information - Assaults / Violence Offences - TAS

Common assault and aggravated assault

Date: 01/01/2011

The Law -

Police Offences Act 1935 – SECT 35

35. Common assault and aggravated assault

(1) A person shall not unlawfully assault another person

(2) Where any person is charged with having unlawfully assaulted any other person, the court may consider the assault is of an aggravated nature

(3) The court may consider the assault was made with indecent intent

What the prosecution must prove - Common assault and aggravated assault

(a) The accused assaulted with intent

(b) Assault involved kicking, or with a weapon

(c) The accused had indecent intent when assaulting the person

The Maximum Penalty for Common assault and aggravated assault is

Unlawful Assault

An offender is liable on summary conviction to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months.

Aggravated Assault

Where any person is charged with having unlawfully assaulted any other person, the court, if it considers the assault is of an aggravated nature, may sentence the offender to pay a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

Indecent Intent

A person who with indecent intent assaults any other person is liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

Possible Defences - Common assault and aggravated assault

(a) Duress

(b) Factual dispute

(c) Identification dispute

(d) Lack of intent

(e) Mental impairment

(f) Necessity

The Court process - Common assault and aggravated assault

Magistrates Court