188Common assault

188 Common assault (1) Any person who unlawfully assaults another is guilty of an offence and, if no greater punishment is provided, is liable to imprisonment for one year. (2) If the person assaulted: (a) suffers harm; or Criminal Code Act 1983 157 (b) is a female and the offender is a male; or (c) is under the age of 16 years and the offender is an adult; or (d) is unable because of infirmity, age, physique, situation or other disability effectually to defend himself or to retaliate; or (e) is a member of the Legislative Assembly, the House of Representatives or the Senate and the assault is committed because of such membership; or (f) is assisting a public sector employee in carrying out the public sector employee's duties; or (fa) is assisting a justice of the peace in carrying out the justice's functions; or (g) is engaged in the lawful service of any court document or in the lawful execution of any process against any property or in making a lawful distress; or (h) has done an act in the execution of any duty imposed on him by law and the assault is committed because of such act; or (j) is assaulted in pursuance of any unlawful conspiracy; or (ja) is assaulted by choking, suffocation or strangulation, as defined in section 186AA; or (m) is threatened with a firearm or other dangerous or offensive weapon; the offender is guilty of an offence and is liable to imprisonment for 5 years.