The charge of common assault under the Australian common law
The act of putting fear or infliction of harm or threatening of inflicting harm to the person of another is a common assault defined in almost all jurisdictions in Australia and which is the most basic offence in Australia.
The charge of common assault charges under the Australian common law is tried only by a judge and the jury. However, legislations in various states and other territories provide that this offence be litigated by indictment or by summary procedure, the latter is the most commonly used. Common assault embraces two other offences which are battery and assault when historically speaking.
Common assault is committed even if the person made the threat over the phone for the same caused fear and alarm to the recipient of the threat. The words uttered over the phone should not be regarded as mere words when the same create fear in the mind of the other person. The fear must be thought of the other person as imminent and would receive the harm soon.
Common assault through battery or the infliction of force by any person in the body of the victim must contain the element of Mens area or that the accused intend to inflict violence or foresee the likelihood that harm will be inflicted by his action.
Jurisdictions in Australia have different views and approaches on common assault which is committed with aggravating circumstances. They differ in the elements that must be present during the commission of the offence of common assault to term it as an aggravated assault.
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Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.