It is an offence to unlawfully assault another person. Assault can also be a crime contrary to the Criminal Code or the Police Offences Act (s35). An assault is the intentional application of force to another person without their consent, or the threat to apply such force. Under the Criminal Code an ‘aggravated’ assault upon a pregnant woman (s184A, Criminal Code), is much more serious. An ‘aggravated’ assault is one of particular force or violence.

The Police Offences Act provides for a separate penalty for assault ‘with indecent intent’ of a child  under 17 years (s35(3)). Indecent assault under the Criminal Code and the POA means a common assault in circumstances of indecency. However if no indecent intent is found, the charge can be amended to one of common assault.

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