Common Assault

Example:

Sean and Mark are in a bar in Wellington on Saturday night. After they’ve had a few drinks they start arguing about some money Sean says he lent Mark. Mark says he didn’t borrow any money and ends up grabbing Sean by the shirt and shoving him. Sean falls down and bruises his cheek when he hits a bar stool. An off duty Police officer witnessed the whole argument and Mark is charged with assaulting Sean. 

Offence:
Common assault – section 9 of the Summary Offences Act 1981

It is an offence to assault another person.

There is also a charge of common assault in the Crimes Act. You will be charged under the Crimes Act if the assault is more serious.

Penalty:
There is a maximum penalty of 6 months imprisonment or a fine not exceeding $4000 under the Summary Offences Act.

Likely sentence:
Mark is likely to receive a fine of around $300 and court costs of $130. He could mitigate the sentence by undertaking alcohol counselling and apologising to Sean before the matter is heard in court, or taking part in a restorative justice conference.

Special notes:
Under the Crimes Act, the penalty for common assault is a maximum period of 12 months’ imprisonment. If the assault is on a female or a child, the maximum penalty is 2 years.