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Tennis star Nick Kyrgios has been charged with common assault over an alleged domestic violence incident in Australia.

The 27-year-old is due to appear at ACT Magistrates Court in August.

Neither he nor his representatives have commented at this stage and it is unclear whether he intends to defend the matter.

Kyrgios is due to play in the Wimbledon quarter-finals on Wednesday.

Nick Kyrgios Assault

Nick Kyrgios will face one charge of common assault at ACT Magistrates Court in August. The complainant is believed to be a former girlfriend.

ACT Police released a statement this week confirming that a 27-year-old man from Watson, was scheduled to face court on August 2 in relation to an assault charge.

Kyrgios’ legal team declined to comment on the allegation itself. His criminal defence lawyer told The Canberra Times, “It’s in the context of a domestic relationship…The nature of the allegation is serious, and Mr Kyrgios takes the allegation very seriously.”

They confirmed the tennis star was aware of the situation.

“Given the matter is before the court … he doesn’t have a comment at this stage, but in the fullness of time we’ll issue a media release.”

Kyrgios did not respond to questions from journalists on his way to practice at Wimbledon after news of the charge broke.

His team released a statement to the media, writing that “the allegations are not considered as fact”.

They also claimed the “precise nature of” the allegations “is neither certain at this moment nor confirmed by either the prosecution or” their client.

“While Mr Kyrgios is committed to addressing any and all allegations once clear, taking the matter seriously does not warrant any misreading of the process Mr Kyrgios is required to follow,” they said.

What Happens Now?

Nick Kyrgios will be provided with a ‘statement of facts’ (also known as a facts sheet) prior to his first court appearance. This will set out the allegations in more detail.

The facts sheet will likely set out the time and date of the alleged assault and how police intend to prove the offence.

It will also allow him to obtain advice as to whether he will plead guilty or not guilty to the offence.

If he chooses to plead guilty, the matter will proceed to sentencing.

If he chooses to plead ‘not guilty’, the matter will be referred to a ‘Case Management Hearing’ with the prosecutor.

This is an opportunity for both parties to discuss the case prior to a final hearing date being set. His legal team will have the opportunity to analyse the evidence and discuss the matter in more detail with the prosecution.

For example, Police have said that the charge stemmed from an incident in December 2021. This date is over 6 months prior to the charge being laid.

A criminal defence lawyer would ordinarily inquire as to why there was such a length of time between the alleged incident occurring and the laying of a charge.

If the delay was due to the complainant not coming forward until recently, this may become an avenue of cross-examination.

Alternatively, if the delay was due to police inaction, it may be appropriate to issue a subpoena for internal police files. This may expose additional information that was not provided to the defendant.

Wimbledon Releases Statement

Nick Kyrgios was due to play Chilean Cristian Garin in the Wimbledon quarter-finals.

An ATP spokesperson said, “The ATP is aware of the Australian case involving Nick Kyrgios but as legal proceedings are ongoing it would be inappropriate to comment further at this time.”

What is Common Assault?

Common assault carries a maximum penalty of two years’ imprisonment under Section 26 of the Crimes Act 1900 (ACT).

It is an act whereby a person intentionally or recklessly causes another person to apprehend immediate and unlawful violence.

A first offence will generally be dealt with more leniently by the Court. A list of 10,728 first offence common assault sentencing cases in the Local Court suggests that you will be far more likely to receive a non-conviction dismissal if you have no prior record.

However, there are still a large amount of individuals who are convicted despite it being their first offence. That is why it is important that you contact experienced common assault lawyers so that they can prepare your case meticulously. Contact Astor Legal on (02) 7804 2823 or email us at info@astorlegal.com.au.

While jail is a possibility, a very small number of offenders are sentenced to full-time imprisonment. More significantly, the overwhelming majority of offenders received convictions for this offence. The rate of convictions increases for common assault domestic violence charges.