Assault Offences
Criminal Law
Common Assault
Common Assault is an offence under Section 61 of the Crimes Act 1900. Common assault carries a maximum penalty of 2 years in prison and/or a fine of $5,500.
The Prosecution
To establish the offence of Common Assault, the prosecution must prove all of the following elements of section 61 of the Crimes Act 1900:
- That you caused another person to fear immediate and unlawful violence, or that you made physical contact with another person, and
- That the other person did not consent to your actions, and
- That your actions were intentional or reckless.
Assault Occasioning Actual Bodily Harm
Assault Occasioning Actual Bodily Harm is an offence under Section 59 of the Crimes Act 1900. Assault Occasioning Actual Bodily Harm carries a maximum penalty of 5 years in prison or 7 years were committed with another person.
Actual Bodily Harm can be a black eye, deep scratches, cuts and bruises that last. It can also include causing a psychiatric condition.
The Prosecution
To establish the offence of Common Assault, the prosecution must prove all of the following elements of Section 59 of the Crimes Act 1900.
That you acted in a way that caused another person to fear immediate and unlawful personal violence or that you touched another person without their consent
That the other person did not consent to your actions
That you acted intentionally or recklessly
That you did not have a lawful excuse for your actions
Caused some kind of physical injury that is more than merely transient or trifling – for example, bruises or scratches, or where you caused some form of serious psychological injury.
Assaulting a Police Officer
Assaulting a Police Officer is an offence under Section 60 of the Crimes Act 1900 which carries a maximum penalty of 5 years in prison.
An ‘assault’ is where:
You caused the officer to fear immediate and unlawful violence, or you made unauthorised physical contact with the officer,
The officer did not consent, and
Your actions were intentional or reckless
An act is considered to be against a police officer even though he or she is not on duty, if it is carried out due to:
Actions by the officer while executing his or her duty, or
The fact he or she is a police officer
The Prosecution
To establish the offence Assaulting a Police Officer is an offence under Section 60 of the Crimes Act 1900, the prosecution must prove beyond reasonable doubt that:
You assaulted, threw a missile at, stalked, harassed or intimidated a police officer.
Recklessly Causing Grievous Bodily Harm
Recklessly Causing Grievous Bodily Harm is an offence under Section 35 of the Crimes Act 1900. Recklessly Causing Grievous Bodily Harm carries a maximum penalty of 10 years in prison.
‘Grievous bodily harm’ (GBH) is defined as ‘very serious harm’, it includes, but is not limited to:
Any permanent or serious disfigurement
The destruction of a foetus, other than by a medical procedure, and
Any grievous bodily disease
Reckless means if you realised GBH may possibly be inflicted, but you went ahead with your actions regardless (foresaw).
Prosecution
To establish the offence of Recklessly Causing Grievous Bodily Harm is an offence under Section 35 of the Crimes Act 1900, the prosecution must prove beyond reasonable doubt that:
You acted in a way that caused another person to fear immediate and unlawful personal violence or that you touched another person without their consent
That the other person did not consent to your actions
That you acted intentionally or recklessly
That you did not have a lawful excuse for your actions
Caused some kind of physical injury that is more than merely transient or trifling – for example, bruises or scratches, OR where you caused some form of serious psychological injury.
Wounding or Causing Grievous Bodily Harm with Intent
Wounding or Causing Grievous Bodily Harm with Intent is an offence under Section 33 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.
‘Grievous bodily harm’ (GBH) is defined as ‘very serious harm’ it includes, but is not limited to:
Any permanent or serious disfigurement
The destruction of a foetus, other than by a medical procedure, and
Any grievous bodily disease
‘Wounding’ is the breaking of both layers of the skin being the dermis and epidermis and includes a ‘split lip’.
Prosecution
To establish the offence of Recklessly Causing Grievous Bodily Harm with intent is an offence under Section 33 of the Crimes Act 1900, the prosecution must prove that you caused a wound, or inflicted grievous bodily harm upon another person and that you did so intentionally
Defences Available to Assault charges
Self-defence
Self-defence is you act to protect yourself, your property or to protect another person.
From your prospective, you believed that your actions are reasonable in the given circumstances.
Note
It is important to note that you can be wrong about the situation (mistakenly believed) and still rely on this defence. However, if you are intoxicated on alcohol or under the influence of drugs to such a degree that you cannot make a clear decision, you will be unable to use this defence.
Duress
Duress refers to the situations where you are threatened or intimidated into committing a crime against your will. There must be an actual threat was made and it was serious enough to justify your actions. The threat must be acting on your mind at the time of the offence
The threat was ‘continuing’
The defence of necessity is very similar to the defence of duress. However, necessity does not always require there to be a threat. Necessity can be said to be difficult to prove and it is not often raised in court as a defence. It is raised when there are no other options to use in your defence.
You will be able to raise this defence if there is some overbearing factor which causes you to break the law to avoid serious consequences.
You acted only to avoid serious, irreversible consequences upon yourself or someone you were bound to protect
You honestly and reasonably believed that you were in a ‘situation of immediate peril’
Your actions were reasonable and proportionate to the situation