In Australia, it is an offence to assault another person. There are different types of assaults and the type of assault charge usually depends on the injuries that the victim receives. The lowest category of assault is a ‘Common Assault’. Any person who is convicted of a common assault charge (Section 335 Criminal Code Qld) could expose themselves to 3 years jail in Queensland. The more serious forms of assault include assault occasioning actual bodily harm, assault causing grievous bodily harm and assaulting or obstructing a police officer.

Any person who strikes, touches, moves or applies force to another (either directly or indirectly) OR threatens to apply force could be charged by the police with an assault. An assault is unlawful unless the actions of the accused are deemed to be authorised, justified or otherwise excused by law.

There does not necessarily need to be an injury to the victim for the police to charge a person with Common Assault. A physical assault could be as simple as a push and shove or more seriously a slapping, punching, kicking or any other type of unlawful touching.

If the injuries are relatively minor (or even if there are no actual injuries) then the police could lay a charge of Common Assault. If the injuries are more severe, then the police could consider a more serious charge.

Common Assault offences are usually dealt with in the Magistrates Court, however, if you have more serious charges connected with a Common Assault offence, it may be dealt with in a higher court such as the District Court.