In the event you did not use any physical force or the police do not allege that you applied any physical force, then police must provide that you realised the victim might fear that they would be subject to immediate and unlawful violence, but you continued with your conduct.
If the police allege that you applied physical force, such as touched the victim, then police must prove that you realised the victim might be subjected to unlawful touching, even the slightest touch, but you continued with your conduct.
Which option you wish to take will depend on a number of factors including, but not limited to:
- Whether you accept that you assaulted the victim.
- Whether you agree with assaulting the victim but not disagree with the part of what the police say happened. In which case your lawyer will be able to negotiate or if necessary dispute the facts.
- Whether the alleged victim hit you first, in which case you may have a legal defence of self-defence.
- Whether you were physically disciplining your child. in which case you may have a legal defence of lawful correction
What will the court take into account when sentencing.