In Western Australia, there are several different assault charges outlined in the Criminal Code 1913 (WA) that range in seriousness. Below is a brief outline of some of the different charges and each penalty.
Definition of assault
An assault occurs by striking, touching, moving, or applying force of any kind to another person without their consent, either directly or indirectly. An act or gesture attempting or threatening to apply force to another person can also be considered assault, where the offender has, or appears to have, the ability to carry it out (i.e. raising a fist or attempting to hit a victim, without making any contact).
The action does not need to result in physical injury to be considered assault.
Assault offences may be aggravated if:
- The accused and victim are in a domestic relationship
- A child was present
- The conduct breaches the terms of a restraining order
- The victim is aged 60 or older
- The offence is racially motivated
Common assault
Common assault charges arise where the victim has applied force or threatened to apply force, and the victim has sustained no injuries or only minor injuries. These charges are dealt with in the Magistrates Court.
Penalty
The maximum penalty for common assault is 18 months imprisonment and a fine of $18,000. In circumstances of aggravation, the maximum penalty rises to 3 years imprisonment and a fine of $36,000.
Assault occasioning bodily harm
An assault of this nature occurs the application of force causes the victim to suffer any bodily injury that interferes with their health or comfort. The injury does not need to be long-term or require medical attention.
Depending on the seriousness of the offence, it may be dealt with in the Magistrates Court or the District Court.
Penalty
For cases heard in the Magistrates Court, the maximum penalty is 2 years imprisonment and a fine of $24,000. In circumstances of aggravation this increases to 3 years imprisonment and a fine of $36,000.
For cases heard in the District Court, the maximum penalty is 5 years imprisonment, which may increase to 7 years imprisonment in circumstances of aggravation.
Grievous bodily harm
Grievous bodily harm is any bodily injury of a serious nature that is likely to engager life or cause permanent injury to health. Examples of injuries may include broken bones, permanent disabilities, or serious head injuries.
This is a serious offence, dealt with in the District Court.
Penalty
The offence carries a maximum penalty of 10 years imprisonment. This may be raised to 14 years imprisonment if the offence is committed whilst stealing a car, if the victim was a public officer, or where there are other circumstances of aggravation.
Assault with intent
Assault with intent occurs when someone assaults another person with the intent to:
- Commit or facilitate the commission of another crime;
- Do grievous bodily harm to any person; or
- Resist or prevent the lawful arrest or detention of any person.
Depending on the seriousness of the offence, this can be heard in the Magistrates or District Court.
Penalty
For cases heard in the Magistrates Court, the maximum penalty is 2 years imprisonment and a fine of $24,000. In circumstances of aggravation this increases to 3 years imprisonment and a fine of $36,000.
For cases heard in the District Court, the maximum penalty is 5 years imprisonment, which increases to 7 years imprisonment in circumstances of aggravation.
Serious assault
This relates to assaulting public officers or police officers in their line of duty.
Penalty
The maximum penalty is 7 years imprisonment. This is raised to 10 years if the offender was armed or in company of others at the time of the assault.
If the victim suffered a bodily injury, there is a mandatory sentence of at least 6 months imprisonment, or nine months if the offender was armed or in the company of others.
Unlawful Wounding
Unlawful wounding occurs when a person inflicts an injury on another that involves breaking both the inner and outer layers of the other person’s skin. The wounding does not need to lead to a life-threatening or lasting injury.
Depending on the severity of the offending, the offence may be dealt with in the District or Magistrates Court.
Penalty
For cases heard in the Magistrates Court, the maximum penalty is 2 years imprisonment and a fine of $24,000. In circumstances of aggravation this increases to 3 years imprisonment and a fine of $36,000.
For cases heard in the District Court, the maximum penalty is 5 years imprisonment, which increases to 7 years imprisonment in circumstances of aggravation.
Need Legal Advice?
If you require legal assistance, Kate King Legal can help. We are a boutique firm of specialist criminal defence lawyers based in Perth CBD, with extensive experience in assault offence.
If you need legal guidance on criminal charges or any related matters, call us on (08) 9467 3333 or click here to submit an online enquiry