Common Assault

Common assault is an offence under section 335 of the Criminal Code.

The definition of assault, found at section 245 of the Criminal Code, is very broad. It includes striking, touching, moving, or otherwise applying force of any kind. Applying force can include applying heat, light, electrical force, gas, odour, or any other substance or thing in such a degree as to cause injury or personal discomfort. It can include actions that are direct and indirect. Assault can also include threats when the person making the threat has actually or apparently a present ability to carry out the threat. Assault is committed when these actions are committed without the victim’s consent.

This offence carries a maximum sentence of 3 years imprisonment. The accused also faces a mandatory community service order if they commit the offence in a public place while intoxicated.