Police Offences Act 1935
35Common assault and aggravated assault
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35 Common assault and aggravated assault
(1) *[Section 35 Subsection (1) substituted by No. 13 of 1987, s. 5 and Sched. 1 ]*A person shall not unlawfully assault another person.
(1A) [Section 35 Subsection (1A) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (1A) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] *[Section 35 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]*A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months.
(1B) [Section 35 Subsection (1B) inserted by No. 6 of 2017, s. 10, Applied:28 Apr 2017] If an offence against this section is committed in circumstances of aggravation, the offender is liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.
(2) [Section 35 Subsection (2) amended by No. 49 of 2009, s. 8, Applied:12 Nov 2009] [Section 35 Subsection (2) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (2) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (2) amended by No. 59 of 1997, Applied:01 Aug 1998] *[Section 35 Subsection (2) amended by No. 32 of 1963, s. 17 ][Section 35 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 35 Subsection (2) amended by No. 62 of 1965, s. 7 ]**[Section 35 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]*Where any person is charged with having unlawfully assaulted any other person, the court, if it considers the assault is of an aggravated nature, may sentence the offender to pay a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.
(3) [Section 35 Subsection (3) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] A person who with indecent intent assaults any other person is liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.