How serious is Common Assault (Common Law)? What’s the maximum penalty and which Melbourne Court hears this charge?
Common Assault (Common Law) is a serious offence which may require an accused to serve a prison term if guilt is established. This charge can be a very serious offence depending on its circumstances. As sentencing for this charge may include both imprisonment and fine, summons must be carefully dealt with. Cases of this offence are heard in the County Court.
There is no maximum penalty for a Common Assault (Common Law) charge. Sentencing may include imprisonment, fine, or a combination of both. Penalties for this charge have no legislated limit as it comes from common law rather than the Government
Pleading guilty or not guilty to Common Assault (Common Law) in a Melbourne Court
Whether you should plead guilty to Common Assault (Common Law) or not has very huge implications for you and should be thoroughly discussed with a criminal defence solicitor. If the Court finds you guilty, there could be very negative consequences.
Elements of the charge of a Common Assault (Common Law)
The Prosecution must show to the Court that an assault or beating was unlawfully committed by the accused to a person. Only by proving that this occurred can a Common Assault (Common Law) case be established.
Defending the charge of Common Assault (Common Law) in a Melbourne Court
There are various defences that can be used to defend a Common Assault (Common Law) charge. Defence lawyers may raise out factual and identification disputes. Self defence, necessity, and duress are also used in many cases. In other situations, especially when the accused has mental health concerns, mental impairment as well as lack of intent are also considered.
For more information on Common Assault (Common Law), you may visit the Australian Defence Lawyers Association site (click here) and also the Doogue & O’Brien Melbourne Criminal Lawyers site (here).
Doogue & O’Brien Melbourne can provide you more detail about this
Our Head Office is at 5/221 Queen Street, Melbourne
Phone (03) 9670 5111 (24 hrs if you are in a Police Station)
This article was written on July 30, 2012 and relates to the law as it stands at this time.