In Western Australia, individuals charged with common assault may be eligible to apply for a Spent Conviction Order (SCO), which can limit the long-term impact of a criminal record.
This could mean that a conviction will not appear on the accused’s police checks and won’t affect their employment, travel or other opportunities.
It is critical to contact a common assault lawyer to ensure an application is constructed in the best possible way. At Chambers Legal, our team has extensive experience applying for SCOs.
If you have been charged with assault or would like assistance with an SCO, you can book a free 15 minute phone consultation.
What is Common Assault?
Under the Criminal Code Act Compilation Act 1913, common assault covers a broad range of behaviours where a person unlawfully applies force to someone else or causes them to fear that force is about to be used.
This may include:
- Pushing, slapping or grabbing someone during an argument
- Swinging a punch but missing
- Verbally threatening someone while making a physical gesture, like raising a fist
Importantly, physical injury is not required for a common assault charge. Minimal contact or a credible threat of violence can be enough if the victim reasonably feared that they were about to be harmed.
Common assault carries a maximum penalty of 18 months imprisonment and/or a fine of up to $18,000, though penalties may be higher if the offence is committed in aggravating circumstances.
What is a Spent Conviction and How Can You Apply for Sentencing
An SCO can limit the long-term impact of a criminal record. This means that the convicted person can move on without the conviction appearing on a National Police Certificate or affecting employment and other opportunities.
When being sentenced for a common assault charge, the accused can request the court consider issuing a SCO. The court will assess the following criteria:
- Likelihood of Reoffending: The court must be satisfied that the accused is unlikely to commit a similar offence in the future.
- Nature of the Offence: The offence should be considered trivial and not be of a serious nature.
- Character Assessment: The accused’s prior character and any previous criminal history will be taken into account.
It’s important to note that the court cannot make an SCO if the accused is sentenced to imprisonment (including suspended sentences) or an intensive supervision order.
It is always recommended to consult an experienced common assault lawyer to ensure that you fully understand the charges you are facing and whether an SCO is possible
Post-Sentencing Applications for Spent Convictions
If an SCO was denied at the time of sentencing, the accused may apply to have the conviction spent after a period of time, typically 10 years from the date of conviction.
Lesser convictions with a penalty of imprisonment for less than one year or a fine of $15,000 or less are handled by the Commissioner of Police.
For serious convictions—involving imprisonment for more than one year or fines exceeding $15,000—an application must be made to the District Court.
Find a Common Assault Lawyer in Perth with Chambers Legal
Securing a Spent Conviction Order for a common assault charge can reduce the long-term impact of a criminal record, reopening opportunities that were seemingly lost.
They are, however, complex legal orders and it is best to seek the advice of a common assault lawyer. An experienced professional can help you navigate the application process effectively and ensure that you understand your rights and obligations fully.
At Chambers Legal, we understand the difficulties caused by an assault conviction and how an SCO may help relieve any stress. As such, we dedicate ourselves to the application process, working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you have been charged with assault and would like to speak with a lawyer, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.