Common Assault Domestic Violence Penalties
Sydney, Australia, February 17, 2017 (Newswire.com) - Common assaults are charged under Section 61 of the Crimes Act of 1900 and are normally dealt with by a local court. Common assault relates to assault that does not necessarily result in physical injury or harm to the victim of assault however, this still applies to assault where an injury is sustained by the victim.
Common assault can also include threats of violence if the person making the threats has the ability to carry them out and if the victim of the threats fears an immediate and unlawful violence. Section 61 of the Crimes Act of 1900 shows that whosoever assaults any person although not causing physical harm shall be liable to penalties including imprisonment and fines, however, penalties vary depending on the circumstances relating to the relevant offence. Therefore, common assault is the threat of violence. The most common form of common assault is domestic violence.
"According to Section 3A of the Crimes (Sentencing Procedure) Act the purpose of sentencing is to: • Ensure the offender is adequately punished for the offence • Prevent crime by deterring the offender and other person from committing similar offenses • Protect the community from the offender • Make offender accountable for his or her actions • Denounce the conduct of the offender • Recognize the harm done to the victim of the crime and the community Thus the main point is rehabilitation of the offender and protection of the community and victim."
Ms. Uzma Abbas, Solicitor/Director
In 2009, the New South Wales (NSW) Police Force received twenty six thousand incidents of domestic violence related assault. It is further, reported that there is one domestic violence related homicide every two weeks in NSW and the NSW police attend to almost thirty thousand domestic violence cases each year. To assist with information regarding to the common assault domestic violence penalties an attorney and spokeswoman from ETB Legal.
What are the most common types of penalties relating to common assault domestic violence in NSW? To this the spokeswoman advised that; “the most common types of penalties in respect of common assault domestic violence are:
- Jail time
- Periodic detention for common assault
- Suspended sentence for common assault
- Community service under common assault
- Good behavior bond – this requires the offender to be of good behavior for a period of time and the court imposes the terms relating to the bond that are to be followed during the set period of time.
- Section 10 for common assault"
However, while the above is true the determining on the type of penalty given to an offender by the courts is based on a number of factors; one such factor is where an offender previously was convicted for the offence of common assault relating to domestic violence – in most cases the offender will receive a jail sentence in respect of the new offence; while others who may be first time offenders may receive a penalty of a good behavior bond with community service. Thus the discretion as to the penalty is based on the factors surrounding the common assault matter.
What is the main reason or reasons why sentencing is a possible penalty for offenders?
To this the spokesperson responded that; “According to Section 3A of the Crimes (Sentencing Procedure) Act the purpose of sentencing is to:
- Ensure the offender is adequately punished for the offence
- Prevent crime by deterring the offender and other person from committing similar offenses
- Protect the community from the offender
- Make offender accountable for his or her actions
- Denounce the conduct of the offender
- Recognize the harm done to the victim of the crime and the community
Thus the main point is rehabilitation of the offender and protection of the community and victim.”
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Source: ETB Legal