Engaging in a mutual fight—where both parties consent to physical violence—does not exempt individuals from criminal liability in Western Australia.
Even with a shared agreement, participants can be charged with common assault or more severe offences, depending on the circumstances and outcomes of the altercation.
At Chambers Legal, our team of assault lawyers has vast experience dealing with common assault charges.
We understand that facing any criminal charge is a difficult and stressful time for the accused and those closest to them. We will always look to support you as we work towards achieving the best possible outcome.
This article explains how the WA court system approaches assaults emerging from mutual fights. If you have been charged with common assault and feel as though these circumstances are relevant to you, you can contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, we also offer free 15 minute phone consultations.
Understanding Common Assault
Under Western Australia’s Criminal Code Act Compilation Act 1913, common assault is defined as:
- The unlawful application of force to another person without their consent.
- Causing another person to apprehend the immediate application of force without lawful excuse.
It is important to understand that physical injury is not a requirement for a common assault charge. What is important is simply a threat or attempt to apply force.
The maximum penalty for standard common assault is 18 months imprisonment or a fine of $18,000.
Common assault can be considered more serious if aggravating factors are present. These include the victim being over the age of 60 years and the offender being in company with others.
For this offence, penalties can increase to three years imprisonment or a fine of $36,000.
You can read more about aggravated assault here.
Consent and Mutual Fights
Consent helps determine the legality of certain physical interactions, most notably contact sports. However, its application is limited in the context of mutual fights.
The law dictates that individuals cannot legally consent to any physical harm that results in bodily injury. This means that even if both parties agree to engage in a fight, they can still be prosecuted for assault if injuries occur.
In simpler terms, when bodily harm is intended or caused, consent becomes irrelevant, meaning most fights are unlawful even with a mutual agreement. A conviction for common assault arising from a mutual fight could result in any of the penalties discussed above.
Potential Legal Defences
Although both parties can be prosecuted for assault arising from an agreed upon fight, there are still defences available to the accused.
It is important to consult a criminal defence lawyer, whose knowledge and understanding can lead the accused toward the best possible outcome. Considering the facts of each case, a lawyer may advise pursuing:
- Self-Defence: If a person genuinely believes they are under threat and responds with a proportionate level of force to protect themselves, they may claim self-defence. The response must be deemed reasonable under the circumstances. For more information of self-defence in assault cases, click here.
- Defence of Another: Similar to self-defence, this applies when an individual uses reasonable force to protect someone else from immediate harm.
Chambers Legal: Dedicated, Perth Based Common Assault Lawyers
If an assault occurs during a mutual fight, no party is immune from assault charges. If you find yourself facing charges arising from such an incident, it is crucial to engage an assault lawyer as soon as possible. A lawyer will help you navigate the complexities of the legal system and explore potential defences tailored to the facts of your case.
At Chambers Legal, we recognise that assault charges can emerge from complex situations. Whether it be self-defence, mistaken identity or provocation during a heated dispute, you may feel you have a strong chance of a successful defence.
To support you during the legal process, we hold ourselves to values of transparency and integrity. We are fair and honest in our pricing, providing proper cost notice. Furthermore, our advice is tailored to each client and always provided in writing.
If you have been accused of common assault or any other charge, please contact Chambers Legal for advice. We can be reached on (08) 9500 8915 or at [email protected].
If you would rather, you can book a free 15 minute phone consultation.