Assault Charges in Western Australia

Transcript

Assault charges in Western Australia. In Western Australia, assault charges are taken very seriously, no matter how minor the incident may be. Assault is dealt with under Part 5 of the Criminal Code, 1913. The nature and severity of the assault will determine the charge that is laid against an offender and the penalty that will apply on conviction. Definition of assault. In Western Australia, an assault may occur by, for example, striking, touching, moving or applying force of any kind to another person, either directly or indirectly, without the person's consent or with their consent if it is obtained by fraud.

It is not necessary for physical injury to have been caused to amount to an assault, as a charge may arise from an attempt or threat where the offender has or appears to have the ability to carry out the assault. In addition, assault may arise if an offender uses light, heat, electricity, odour, gas or any substance that causes injury or personal discomfort to another person. Aggravated assault. An assault-based offence is considered aggravated, where the person who caused the assault is in a domestic relationship with the victim.

A child was present. The conduct breaches the terms of a restraining order. The victim is 60 years or older, or the offence is racially motivated. Common assault. In Western Australia, common assault occurs in circumstances where a person has sustained minor injuries or has been threatened. It most commonly arises when a person has been hit, pushed or shoved. Common assault offences are dealt with by the Magistrates' Court. The maximum penalty is generally 18 months imprisonment and a fine of $18,000.

However, where the offence is aggravated, the maximum penalty rises to three years imprisonment and a fine of $36,000. Assault occasioning bodily harm. Assault occasioning bodily harm is an offence where a person has suffered any kind of bodily injury, which 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 is dealt with in either the Magistrates' Court or the District Court.

For cases heard in the Magistrates' Court, the maximum penalty is two years imprisonment and a fine of $24,000 or, if aggravated, three years imprisonment and a fine of $36,000. For cases heard in the District Court, the maximum penalty is five years imprisonment. However, this may increase to seven years if aggravated. Grievous bodily harm. The Criminal Code defines grievous bodily harm to include 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. It is considered a very serious offence, carrying a maximum penalty of 10 years imprisonment and is dealt with by the District Court. However, the penalty will increase to a maximum of 14 years if the grievous bodily harm is committed while stealing a car, where the victim is working in a particular job role, such as an ambulance officer, health care worker or court officer, or where the offence occurs in circumstances of aggravation.

Serious assault. The Criminal Code makes it an offence to assault a public officer or police officer while they are on duty. The maximum penalty for serious assault is seven years. However, this penalty may be raised to 10 years if the offender is armed with a weapon or is in the company of others. If the officer suffers an injury, the court must impose a sentence of at least six months imprisonment or nine months where the offender was armed or was in the company of others.

Indecent assault. It is an offence to indecently assault another person. An indecent assault does not necessarily need to be sexually motivated, but must be inherently indecent. This offence may be dealt with by either the Magistrates Court or the District Court. If the case is heard in the Magistrates Court, the maximum penalty is two years imprisonment and a fine of $24,000. If the case is heard by the District Court, the maximum penalty for this type of offence is five years imprisonment.

However, this sentence may be raised to seven years if the offender is armed with a weapon, is in the company of others, causes any person harm, threatens to kill the victim, or does anything which is likely to degrade or humiliate the victim. Possible defences. When charged with an assault offence, depending upon the circumstances, a defence such as provocation or self-defence may be available. A defendant may plead provocation in circumstances where they were provoked into committing the assault, resulting in a loss of self-control, provided that the assault is not disproportionate to the provocation and is not likely to cause death or grievous bodily harm.

A defendant may rely on self-defence if it is proven that the offender believed the assault was reasonably necessary to defend themselves or another person. There are reasonable grounds for their belief and the offender's act can be considered reasonable in the circumstances. It is important to note that these defences will not be available for all types of assault charges or in all cases. What to do next? If you or someone you know is facing any kind of assault charge, it is important to obtain legal advice as soon as possible.

Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted), where you can talk directly to a lawyer from 7am till midnight seven days a week. Your call will be treated with the strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action. Should you need a court lawyer, even at very short notice, the legal hotline staff will be able to arrange one for you. You can also request a call back via the website gotocourt.com.au and a lawyer will call you back to assess your matter.