Assault charges in Australia What is Assault?
Assault is classed as an offence against the person, and therefore no matter how minor
the incident may have seemed, the charges are not to be taken lightly.
There are different penalties for the different assault offences depending on the seriousness
of the incident; however, all assault charges have a jail term as a penalty option. Whether
the magistrate or judge orders a term of imprisonment or not will depend on the type of offence
committed, the circumstances surrounding the offence, and the offender’s past criminal
history. An assault may occur by, for example, striking,
touching, moving or applying force without a person’s consent, or with the person’s
consent if that consent is obtained by fraud. It is not necessary for a physical injury
to have been sustained for an assault to have occurred, as an assault charge may arise from
an attempt or a threat where the offender has, or appears to have, the ability to carry
out the assault. Assault may also arise if an offender uses light, heat, electricity,
odours, gas or any substance that causes injury or personal discomfort to another person.
Types of Assault There are five main types of assault charges
in Australia. These are: • common assault
• assault occasioning bodily harm • unlawful wounding
• grievous bodily harm, and • sexual assault.
The nature of the offence, the circumstances in which it occurred and the type of injury
sustained will determine the charge that is laid. In some circumstances, the identity
of the victim will also determine the appropriate charge.
Common Assault Common assault is the most frequent assault
charge in Australia, and can result from a simple scuffle or argument. You can be charged
with common assault if during an argument you threatened another person, or they received
minor injuries from a push, shove, hit, or other contact. Spitting on another person
or throwing an object at a person are also classed as common assault.
The penalty for a common assault will differ according to factors such as the state or
territory in which it occurs, its severity, the extent of any harm, and the past criminal
history of the offender.
Assault Occasioning Bodily Harm An assault occasioning bodily harm charge
arises when the person who is attacked suffers an injury, such as bruising or swelling. Generally,
the injury will be one which is severe enough to require medical treatment or time off work.
If the offence involved the use of a weapon, or the threat of a weapon, then the charge
can be upgraded to aggravated assault occasioning bodily harm.
Unlawful Wounding If the assault caused the breaking or penetration
of the skin which normally results in bleeding then you may be charged with unlawful wounding.
If the outer skin is broken, but the injury hasn’t penetrated through the outer layer,
then this cannot be classed as unlawful wounding. Normally medical evidence would be provided
of the injury sustained to justify the charge.
Grievous Bodily Harm Grievous bodily harm is a very serious form
of assault which arises when the person attacked loses a distinct part of an organ, or suffers
serious disfigurement or an injury that if left untreated would endanger the person’s
life or cause permanent injury. This can include broken teeth or bones through to more life
endangering injuries such as a head injury or severe internal bleeding.
Serious Assault A serious assault charge occurs when a public
officer or police office is assaulted in the line of duty. A public officer includes a
transit officer, health service employee, correctional officer, or a child protection
officer. The charge may arise in circumstances including
where a person bites or spits on the officer, or pretends to be armed with a dangerous weapon.
The charge can also result from assaulting a person who relies on a guide, hearing or
assistant dog, is in a wheelchair, or is over 60 years of age.
Sexual Assault A sexual assault occurs when someone is touched
inappropriately, forces someone to commit an act of gross indecency, or forces someone
to witness an act of gross indecency. Gross indecency is an act which doesn’t result
in penetration, such as watching someone masturbate, or forcing someone to touch their genitals.
Rape is the most serious form of sexual assault in which intercourse occurs without consent.
Aggravated sexual assault occurs when a weapon is used, or threatened to be used, during
the offence.
Penalties for Assault Offences The penalties for the various types of offences
vary depending on the nature of the offence and the offender’s criminal history. However,
all carry a possible term of imprisonment with some being more than 10 years. The length
of imprisonment varies between the different states and territories in Australia.
Other sentencing options are available for some assault offences such as fines, good
behaviour bonds, probation, community correction orders, or a suspended sentence.
Legislation The Legislation that governs assault offences
differs in each state. In Queensland, the definitions and penalties for assault charges
are located in chapters 30 and 32 of the Criminal Code 1899. Divisions 6 and 9 of the Crimes
Act 1900 govern offences against a person in New South Wales.
In Victoria, section 31 of the Crimes Act 1958 outlines the types of assault offences
with which a person can be charged. Assault offences in Western Australia are defined
in Part V of the Criminal Code 1913, and in South Australia, they are found in Part 3
Division 7 the Criminal Law Consolidation Act 1935.
The Criminal Code 1924 in Tasmania sets out assault offences in Parts IV and V, and the
Criminal Code of the Northern Territory sets them out in Part VI, Division 5. In the ACT,
assault offences are found in the Crimes Act 1900, Parts 2 and 3.
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 1300 636 846 where you can talk directly
to a lawyer from 24 hours, 7 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 www.gotocourt.com.au and a lawyer will call you back to assess
your matter.
