S
straightshooter
Guest
James Buchanan said:waratahjesus said:is it just me or does the term "common" in "common assault" make it seem more dirty than just "assault"
makes it seem low brow!
Zeno said:By my sketchy understanding, the charge of "common assault" reflects that the matter is driven by a complaint rather than by the police. He hasn't been charged with breaking a law so the SMH headline "Another Wallaby to face criminal charge" is wrong.
I decided to go look this up when I got some spare time.
From what I can gather from the NSW Crimes Act a "Common Assault" is an assault that doesn't actually occasion any 'actual bodily harm'. (s61 Crimes Act 1900 (NSW)). So yes, he's been charged with a crime; with a 2 year maximum imprisonment. http://www.legislation.nsw.gov.au/fragview/inforce/act+40+1900+pt.3-div.9+0+N?tocnav=y
There is the possibility for an action in Tort for Assault, which is sometimes referred to as "Common Law Assault", which may have caused the confusion.
chances of "compensation" absolutely remote even if pleas it out - Then again Mr Rudd, bless his soul, did say sorry which has opened the floodgates :lmao: :lmao: :lmao: