Menu
We’re here for you 24/7
5.0
Out of 91 reviews
Home | Criminal laws | Assault | Common Assault
Whoever assaults any person, although not occasioning actual bodily harm shall be liable to imprisonment for two years.
To prove common assault the prosecution must establish, beyond reasonable doubt, the following:
It is extremely common for an accused person to raise self defence when charged with common assault. It has been codified in s418 of the Crimes Act 1900 (NSW), which states that if self defence is raised the burden is on the prosecution to prove, beyond reasonable doubt that:
The second part is an objective assessment and, whilst it takes into account the specifics of the situation, is not based on what the person believes. In this regard, it is often the case that a person genuinely believes that their conduct was necessary but the Court finds that it was excessive in all the circumstances.
Other offences you could raise include:
This is one of the most common offences that comes before the Local Court.
There are a range of different sentencing options for the Court to consider, such as:
Depending on your circumstances and the nature of the offence it is certainly possible to have your matter dealt with without the Court imposing a conviction. You will need to ensure you are properly prepared, the facts are consistent with your version and you case is properly advocated before the sentencing Magistrate or Judge.
Related Services
Sydney-Wide Criminal Lawyers
Trusted criminal defence services across Sydney, from the CBD to Liverpool, we provide professional legal support when you need it most.
For a woman, it is very difficult to deal with harassment, stalking and intimidation. Last year, I have applied for APVO against my neighbour.
Although I had CCTV footages and other evidence, to actually go through the whole court process is stressful, especially because I decided to represent myself in the court. Once I stepped into the legal process the realization hit me that having evidence may not be enough to win and protect myself from the defendant. When you represent yourself, the defendant’s solicitor sees that as an easy winning for his client and uses intimidation tactics.
I have contacted several solicitors but was put off by their emotionlessness approach. I contacted Jonathan Jaramillo from James and Jaramillo Lawyers who offered free first consultation. Comprehensive information offered by Jonathan was very impressive. He listened attentively and took time to answer my questions. He did not tell me what I wanted to hear, but what I needed to hear. I decided to represent myself and asked Jonathan if he would guide me and advise me throughout the process. This would be more cost-effective for me. Regardless of the size of the case, Jonathan was from the beginning to the end extremely professional, prompt and kind. He explained everything clearly making me feel confident with the legal process.
I have managed to get Interim Order in the early stage of the process-mention, which was protecting me till the final hearing in March 2024 when I won the case. This outcome could not have been achieved without working with Jonathan and his professional guidance. I can’t speak highly enough about Jonathan Jaramillo and recommend him for anyone who is looking for a good, responsive and reliable solicitor, and a genuine person.
I highly recommend Jonathan Jaramillo and his team to anyone for their legal needs. Jonathan was extremely professional and informative throughout the whole process. As someone who is not familiar with the court process, he was immensely helpful and compassionate in helping ease my stress and anxiety leading up to my case. He achieved the best possible result for me, for which I am very grateful. I will definitely use them again for my legal criminal matters.
Katie F.
One of the best lawyers in the market. Tom and Marykate helped me with everything from A to Z. They offered me the best possible advice and took care of the whole task in a speedy and timely manner. Throughout the procedure they made me feel calm and stress-free. Definitely recommend them for a hassle-free process.
Kartik R
We had Jonathan Jaramillo represent our son for a court matter. Jonathan was very helpful, provided us with possible options, suggested the best way forward and achieved a great result for my son. Highly recommend him and his team.
R Desa
Related Blogs
Our vision is to ensure everyone, regardless of their background, has their voice heard in Court. We do not tell our clients what they want to hear but what they need to hear. We pride ourselves on our responsive, honest, and professional representation. We will be your trusted advisors from the start until the end of your matter.
bettercalljohn tjslawyer
Made by Digital Recipe