Common assault is one of the most frequently prosecuted offences in Australia. It refers to any unlawful act where a person intentionally or recklessly applies force to another, or threatens to do so, without lawful excuse. Although the offence is considered less serious than aggravated or grievous assaults, it can still carry significant penalties.
This page explains:
What common assault means
How police lay charges
Defences available
Types of proceedings (summary vs indictable)
State-specific penalties and court jurisdictions
Common assault occurs when a person:
Physically strikes or pushes another person
Threatens violence or raises a fist with intent to scare
Spits, throws an object, or gestures aggressively
The key element is that the act causes the victim to fear immediate and unlawful force, even if no injury occurs. Common assault does not require physical injury, but it can still be serious in the eyes of the law.
Police can lay charges based on:
A victim’s complaint
Witness statements
CCTV or phone footage
Body-worn camera footage or admissions
If police believe there’s enough evidence, they may issue:
A Court Attendance Notice (CAN)
Arrest followed by bail or police custody
Several defences may apply, depending on the circumstances:
Self-defence (protecting yourself or another)
Consent (if applicable, e.g., sports)
Accident (no intent or recklessness)
Duress (coerced under threat)
Mental impairment (not capable of understanding actions)
Most common assault charges are dealt with as summary offences in the Magistrates or Local Court, meaning:
No jury
Less formal
Lower maximum penalties
In some cases (e.g., if linked to other serious charges), common assault may be dealt with alongside indictable offences in higher courts.
While common assault may seem like a minor charge, a conviction can have long-term consequences—including criminal records, employment restrictions, and ineligibility for some visa.
Common assault is one of the most frequently charged offences in Australia. Below is a breakdown of the penalties, legal definitions, and court processes across NSW, VIC, QLD, SA, WA, and the ACT.
Legislation: Crimes Act 1900 (NSW), Section 61
Court: Local Court
Penalty: Max 2 years imprisonment and/or fines
Examples: Slapping during an argument, aggressive shoving outside a venu
Legislation: Crimes Act 1958 (VIC), Section 31
Court: Magistrates’ Court (summary)
Penalty: Max 3 months to 5 years depending on aggravating factors
Examples: Spitting at someone, pushing without injury
Legislation: Criminal Code Act 1899 (QLD), Section 245
Court: Magistrates Court
Penalty: Max 3 years imprisonment
Examples: Striking with an open hand, threatening to punch
Legislation: Criminal Code Compilation Act 1913 (WA), Section 313
Court: Magistrates Court
Penalty: Up to 18 months imprisonment and/or fines
Examples: Shoving someone out of the way, flicking a lit cigarette
Legislation: Criminal Law Consolidation Act 1935 (SA)
Court: Magistrates or District Court
Penalty: Up to 2 years imprisonment (or more if aggravated)
Examples: Slapping, physical confrontation without serious injury
Legislation: Crimes Act 1900 (ACT), Section 26
Court: Magistrates Court
Penalty: Max 2 years imprisonment
Examples: Aggressive grab, slap during verbal dispute
This page offers general information only and is not a substitute for legal advice. Assault laws and penalties vary by state. If you’re charged or under investigation, seek help from a criminal lawyer or legal aid service in your jurisdiction.
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
