Tuvalu Island Courts Bench Book - Federal Court of Australia

Common assault
Section s237 Penal Code (Cap 8)
Description
Every person who unlawfully assaults another person is guilty of an
offence.
Elements • The person named in the charge is the same person who is
appearing in Court;
• The accused wanted to use force on another person;
• The accused intended that the person he or she wanted to use
force on, was aware that he or she wanted to use force on
them..
Commentary
Burden and standard of proof
The prosecution must prove all the elements beyond reasonable
doubt. If the defence establishes to your satisfaction that there is a
reasonable doubt, then the prosecution has failed.
Identification
In Court, the prosecution should identify the person charged by
clearly pointing out that person in Court.
The prosecution must provide evidence to prove that it was the
accused who used physical force.
Definition of assault
An assault is any act by which a person intentionally causes another
person to apprehend immediate unlawful violence.
The context is very important:
• What was the situation?
• Where did the alleged assault occur?
The intention of the accused is immaterial: s9(2) Penal Code.
If the person assaulted is injured, then a more serious assault charge
might be more appropriate.
Tuvalu Island Courts Bench Book June 2004