Assault Offences
A person need not suffer physical injury for an assault to have occurred as a person can be charged for an assault from an attempt or threat made to assault another, where they have appeared to have the ability to carry out that threat or attempt.
An assault is considered unlawful unless it is authorised, excused, or justified by law and the application of force by one person to another may even be unlawful even if it is done with that other person’s consent.
You can be charged with an assault offence, if during an argument you threatened another person, or they received minor injuries from a push, shove, hit, or other contact. Throwing something at someone or spitting at them can also be classed as an assault.
An assault offence is considered to have been committed in circumstances of aggravation where the accused is in a family relationship with the victim, where a child was present, where the conduct breaches the terms of a restraining order or where the victim is aged 60 or older and an assault offence is committed in circumstances of racial aggravation if the offence is racially motivated. Assault charges committed in circumstances of aggravation or involving racial aggravation have more serious penalties.
In Western Australia, there are multiple criminal offences under the Criminal Code WA for assaulting another person. Assault charges against a child are dealt with in the Children’s Court and assault charges against an adult are either dealt with in the Magistrates Court (summarily) or the District Court of WA.
Common Assault
Common assault charges arise where a person has sustained minor injuries, no injuries or has been threatened and can be dealt with summarily. Currently, the maximum penalties for a common assault in WA range from 18 months to 3 years imprisonment and a fine between $18,000 to $36,000.
Assault Occasioning Bodily Harm (AOBH)
An AOBH is an offence where the person has suffered any kind of bodily injury that interferes with their health or comfort such as, minor abrasions and bruises, or injuries that are still relatively minor but require medical attention. This offence can be dealt with summarily or in the District Court. Currently, the maximum penalties for an AOBH assault range from 2 -3 years’ imprisonment and a fine between $24,000 to $36,000 if dealt with in the Magistrates Court and from 5-7 years imprisonment if dealt with in the District Court.
Assault with Intent
An assault with intent applies to any person who assaults another with intent to commit or facilitate a crime, or with intent to do grievous bodily harm to any person, or with intent or resist or prevent lawful arrest or detention. This offence can be dealt with summarily or in the District Court. Currently, the maximum penalties for an assault with intent assault in WA range from 2 -3 years’ imprisonment and a fine between $24,000 to $36,000 if dealt with in the Magistrates Court and from 5-7 years imprisonment if dealt with in the District Court. There is also another specific offence for assault with intent to rob which can result in imprisonment between 10 years and life.
Serious Assault and Assault on Aircraft Crew
A serious assault involves an assault on a public officer or police officer in their line of duty including but not limited to, prison officers, security officers, custodial officers or employees of a prison, doctors/nurses, and taxi/train/ferry drivers. There is also a specific separate offence for an assault on any crew in an aircraft. These offences can be dealt with summarily or in the District Court. Currently, the maximum penalties for these type of assaults in WA range from 3 years imprisonment and a fine between $36,000 if dealt with in the Magistrates Court and from 7- 14years imprisonment if dealt with in the District Court. There are also statutory minimum penalties of imprisonment for between 3 to 9 months depending on the age of the offender and the circumstances of the offence.
Grievous bodily harm or GBH
GBH includes any bodily injury of a serious nature that is likely to endanger life or cause permanent injury or death. This charge may arise in circumstances where a person has suffered serious disfigurement, loss of a limb or broken bones. This offence is dealt with in the District Court and can result in imprisonment of 3 -10 years. There are also statutory minimum penalties of imprisonment for between 3 months and 8 years depending on the age of the offender and the circumstances of the offence.
Unlawful Assault Causing Death
If a person unlawfully assaults another who dies as a direct or indirect result of the assault, the person is guilty of a crime and is liable to imprisonment for 20 years. A charge can occur even if the person does not intend or foresee the death of the other person and even if the death was not reasonably foreseeable. There are also statutory minimum penalties of imprisonment for between 3 – 15 years depending on the age of the offender and the circumstances of the offence.
Legal Advice and Assistance
If you have been charged with any of the above offences, careful consideration needs to be given to whether there are any possible defences, the personal circumstances of the victim/s involved, the nature of any injuries sustained, whether weapons are alleged to have been involved, whether the assault was planned or pre-meditated and the circumstances leading up to the incident occurring.
If you have been arrested and charged with any assault-based offence or summonsed to appear in Court for an assault-based offence, you should immediately contact Prime Law for legal advice and representation. Our solicitors are well experienced in the various types of assault charges and can assist you with minimising the impact of, or challenging, assault-based offences you have been charged with.