At court you will need to tell the court if you are pleading guilty or not guilty. You might have other options too, like negotiating with the police, or making a Section 14 application (a mental health application).
If you plead ‘not guilty’, the police will need to provide you with all the evidence they have against you before the hearing date.
If there is video evidence, such as CCTV footage or a video statement, you might be able to view this at the police station before the court date. You will need to speak to police to arrange this.
If you go to court and plead not guilty to a charge of common assault, police must prove:
• you acted in a way that caused another person to think you were about to use immediate and unlawful violence against them. Your actions must be intentional or reckless (not just accidental)
• the other person didn’t consent (agree) to your actions
• you realised that the other person might fear immediate and unlawful violence and you went ahead and did those actions anyway, and
• that you have no lawful excuse for your actions.
Unless the police can prove all these things, the court must find you not guilty.
For other types of assault offence, the police may have to prove other things too, for example, an injury.
博通位于澳洲悉尼的刑法刑事辩护律师在为客户辩护方面经验丰富。我们有能力帮助客户妥善处理袭击指控。
来源：新南威尔士州法律援助机构
