If you have been accused of common assault, but feel you are innocent, you may insist that you did not make any contact with the alleged victim. However, it is important to understand that common assault encompasses more than just physical contact.
In Western Australia, individuals can indeed be charged with common assault even without making direct physical contact with another person. Under Section 222 of the Criminal Code Act Compilation Act 1913, an assault is defined as:
- The application of force to another person without their consent; or
- An attempt or threat to apply force, where the person making the threat has the apparent ability to carry it out.
This means that actual physical contact is not a prerequisite for an assault charge. Charges can come from someone causing another to fear imminent and unlawful force. Actions such as threatening, spitting and intimidating can be considered assault.
This article outlines different kinds of non-contact assault. If you would like further information or are seeking legal advice, you can contact a Chambers Legal common assault lawyer on (08) 9500 8915 or at [email protected].
Our team understands that facing a criminal charge is an incredibly stressful time for the accused and those closest to them. We will always look to support you as we work toward the best possible outcome.
Examples of Non-Contact Assault
The wording of the Criminal Code allows for several non-contact actions to be considered common assault. It is possible to be charged for:
- Threatening Gestures: Such as raising a fist or brandishing an object in a threatening manner.
- Verbal Threats: Verbally indicating an intent to inflict harm. This is taken more seriously when the intent is accompanied by actions suggesting the act could happen immediately.
- Intimidating Behaviour: Advancing towards someone aggressively, causing them to fear possible violence.
- “Fake” Punches or Swings: Pretending to hit someone can cause a fear of imminent harm.
Other actions that may be considered common assault include spitting at someone, cornering someone or throwing an object that misses.
The key element of these actions is that the victim perceives an immediate threat. They are also likely to believe that the aggressor has the capability to carry out the threatened action.
Penalties for Common Assault
In Western Australia, the maximum penalty for common assault is 18 months imprisonment and/or a fine of $18,000.
Under aggravating circumstances, the maximum penalty is increased to three years imprisonment and/or a fine of $36,000. Aggravating circumstances are those that make the crime more serious and, in turn, the penalties more severe. Aggravating factors for this charge may include:
- The offender being in the company of others.
- The victim being over 60 years of age.
- The offender causing bodily harm.
Defences Against Common Assault Charges
In Western Australia, several defences may be applicable to a common assault charge, including:
- Self-Defence: Acting to protect oneself, another person or property from immediate harm.
- Consent: Situations where the alleged victim consented to the act, such as in contact sports.
- Accident: The act was unintentional and occurred without negligence.
It is always advised to engage a common assault lawyer. They will be able to analyse the specifics of a case and determine the viability of all defence options.
Find a Common Assault Lawyer in Perth with Chambers Legal
Understanding the scope of actions and behaviours that constitute assault is critical if you are to avoid unintended legal consequences.
If you facing these charges, it is recommended to consult a common assault lawyer as soon as possible. An experienced professional understands the complexity of Western Australian assault law and can assist you in submitting a plea and exploring potential defences.
At Chambers Legal, we pride ourselves on working with transparency and integrity. Our pricing is fair and honest, accompanied by proper cost notice. All legal advice is tailored to each client and always provided in writing.
Our team is available to support you through criminal proceedings. For a cost and obligation free consultation, you can contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.