In Western Australia, Grievous Bodily Harm (GBH) and Unlawful Wounding are two commonly seen assault charges. These offences both involve physical harm but have different approaches to the seriousness of the injury, intent and circumstances surrounding the incident. As such, they are treated very differently by the court system and carry distinct legal consequences.

Understanding these distinctions is essential if you have been charged and want to know how the WA legal system approaches violence-related offences. At Chambers Legal, our assault lawyers can assist you in navigating those complexities.

If you would like to speak with a member of our team, you can contact us on (08) 9500 8915 or at [email protected].

If you would prefer, you can book a free 15 minute phone consultation.

What is Grievous Bodily Harm?

Under Section 297 of the Criminal Code Act Compilation Act 1913 (WA), grievous bodily harm refers to any bodily injury that:

• Endangers life or is likely to endanger life, or;
• Causes or is likely to cause permanent injury to health.

Examples of injuries classified as GBH include broken bones, brain injuries and internal organ damage. In extreme cases, grievous bodily harm can also include psychological harm, should certain criteria be met.

Instances of GBH can be considered more severe if they are committed under aggravating circumstances. Examples include the use of weapons and an intent to cause harm. You can read more about aggravated GBH here.

Penalties for GBH:

For standard GBH offences, the maximum penalty is up to 10 years imprisonment.

In cases involving the aggravating circumstances mentioned above, penalties increase to a maximum of up to 14 years imprisonment.

What is Unlawful Wounding?

Under Section 301, unlawful wounding occurs when a person unlawfully causes a wound that breaks both the outer and inner layers of the victim’s skin. The injury does not have to be life threatening or permanent and could be the result of a cut, stab or laceration.

An unlawful wounding conviction does not require proof of serious or lasting damage. The offence is defined by the act of wounding itself, done without any lawful excuse.

Penalties for unlawful wounding:

Standard unlawful wounding offences carry a maximum penalty of up to 5 years imprisonment.

When the offence is committed under aggravating circumstances, the maximum penalty is increased to up to 7 years imprisonment.

Key Differences Between GBH and Unlawful Wounding

Legal definitions make grievous bodily harm and unlawful wounding two distinct offences. Besides the obvious difference in maximum sentences, the following criteria can be used to distinguish the two:

Severity of Injury

• GBH requires life-threatening or permanent injury for conviction
• Unlawful wounding only requires the breaking of the inner and outer layers of skin

Focus of Prosecution

• In GBH cases, the prosecution will focus their efforts on the seriousness of harm and aggravating factors
• In unlawful wounding cases, they will be more interested in act of wounding, regardless of the harm inflicted

Aggravating Circumstances

• Aggravating circumstances for GBH include the victim being a public officer, committing the act in company and committing the act as a part of a burglary
• For unlawful wounding, factors include the presence of child and committing the act in a domestic violence context

Why Does the Distinction Matter?

The difference between GBH and unlawful wounding can dramatically affect the outcome of a case.

GBH carries a higher sentencing range, meaning that a conviction holds a higher chance of imprisonment. Also, mandatory sentencing can apply in certain grievous bodily harm cases, such as if it is inflicted against police or during aggravated burglary.

Understanding which charge applies and how it may be challenged is a key part of building a defence strategy. If you treat a grievous bodily harm charge as one of unlawful wounding, you may find yourself unprepared if you face court.

It is important to consult an experienced assault lawyer to ensure you accurately understand your situation.

Find an Assault Lawyer in Perth with Chambers Legal

Grievous bodily harm and unlawful wounding are legally distinct allegations in Western Australia.

If you are facing either charge, it is essential to get advice from a lawyer experienced in criminal law. Appropriate advice puts you in a position to enter a suitable plea and achieve the best possible outcome.

At Chambers Legal, we recognise the stress and seriousness of facing a criminal charge and pride ourselves on 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 accused of grievous bodily harm, unlawful wounding or any other assault offence, it is crucial to speak with an assault lawyer. To do so, you can contact Chambers Legal on (08) 9500 8915 or at [email protected].

Alternatively, you can book a free 15 minute phone consultation.

Aggravated Grievous Bodily Harm: What Makes a GBH Charge More Serious?

​In Western Australia, Grievous Bodily Harm (GBH) is a serious criminal offence, carrying severe penalties. However, these penalties can be even harsher if certain factors elevate the charge to Aggravated GBH.

To fully understand the ramifications of an aggravated charge, it is critical to engage a defence lawyer.

At Chambers Legal, we recognise the complexities of being accused of GBH and can help you address any aggravating circumstances. The difficulty of facing a criminal hearing is not lost on us, so we will always look to support you by working with integrity and transparency.

If you would like to speak with one of our assault lawyers, you can contact Chambers Legal at [email protected] or on (08) 9500 8915. If you would prefer, you can also book a free 15 minute phone consultation.

What is Aggravated GBH?

GBH is defined as causing a bodily injury that is likely to cause permanent injury or endanger the life of the victim. The maximum penalty for unlawfully inflicting GBH on another person is 10 years imprisonment. ​

However, certain circumstances can elevate a charge to an aggravated offence and result in more serious ramifications.

Potential aggravating factors include:​

1. Victim’s Status: If the victim is a public officer performing their duties (e.g police officers and hospital workers), the offence is considered aggravated. ​
2. Commission During Another Crime: Committing GBH while stealing a motor vehicle or during an aggravated home burglary constitutes an aggravated offence. ​
3. Use of Weapons or Dangerous Objects: The use weapons or objects capable of causing severe harm can lead to greater penalties.​
4. Premeditation and Intent: Acts committed with the intention of causing GBH are treated with greater severity.

Intent as an Aggravating Factor ​

While GBH can be charged based on the outcome of an assault and the level of injury caused, intent is an important consideration in aggravated GBH cases.

If the prosecution can prove that the accused intended to cause serious harm, permanent injury or acted with reckless disregard for the victim’s safety, the court may treat the offence more severely. The use of weapons or other similar objects is often viewed as a sign of intent.

Are Penalties for Aggravated Grievous Bodily Harm More Severe?

If an accused is found guilty of aggravated GBH, stricter penalties will be imposed. The court intends for these penalties to reflect the severity of the offence.

Under aggravating circumstances, the maximum penalty for GBH increases from 10 years to 14 years. ​

Additionally, certain situations can invoke mandatory sentences:​

• Adults: If GBH is committed during an aggravated home burglary, the court must impose a term of at least 75% of the maximum penalty. ​
• Juveniles: A juvenile offender in similar circumstances faces a minimum of 3 years of detention or imprisonment.​

Find a Perth Based Assault Lawyer with Chambers Legal

To properly navigate a grievous bodily harm charge, it is essential to understand the role of aggravating factors and whether they are relevant in your case. These circumstances can lead to penalties much more serious than the standard charge.

Chambers Legal has a dedicated team of assault lawyers with a thorough understanding of Western Australian law.

Understanding the stress and seriousness of facing a criminal charge, we pride ourselves on 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 or someone you know is facing grievous bodily harm charges and is concerned about potential aggravating circumstances, it is crucial to seek legal advice as soon as possible. You can contact Chambers Legal on (08) 9500 8915 or at [email protected].

Alternatively, you can book a free 15 minute phone consultation.

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.

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.

In Western Australia, engaging in a physical altercation with a co-worker can lead to legal consequences, including charges of common assault. Whilst these charges are defendable, it is important to engage an experienced lawyer so that you understand your charges and are prepared for the legal process.

At Chambers Legal, we have a team of criminal defence lawyers with vast experience defending these assault charges. They understand that the difficulty and stress of facing a criminal charge does not only affect the accused, but also those closest to them.

If you have been charged with common assault following an incident at work and would like to speak with a lawyer, Chambers Legal would be more than happy to assist.

We can be contacted on (08) 9500 8915 or at [email protected]. If you would prefer, you can book a free 15 minute phone consultation.

What is Common Assault?

In Western Australia, Section 313 of the Criminal Code Act Compilation Act 1913 defines common assault as:​

• The unlawful application of force to another person without their consent; or​
• The threat of applying force, causing the person to apprehend immediate and unlawful violence.​

It is important to understand that physical injury is not a requirement for a common assault charge. Legally speaking, the act of applying force or causing someone to fear imminent harm is what is important. ​

How Does It Apply in the Workplace?

As with confrontations in public or private settings, altercations between co-workers can result in common assault charges. For example:

• Physical Altercations: Actions such as pushing, shoving or striking a colleague can constitute common assault, regardless of the severity of the act.​
• Threatening Behaviour: Verbally threatening a co-worker or making menacing gestures that cause fear of immediate harm can also lead to assault charges.​

How Can Your Employer Respond?

Employers in Western Australia are legally obligated to provide a workplace that is free from violence, aggression and harassment. Even if a workplace fight is relatively minor or seems mutual, employers may treat it as a serious misconduct issue. Outcomes could include:

• Formal warnings or disciplinary action
• Suspension from duties pending investigation
• Immediate termination of employment, especially if the incident involved injury, threats, or created risk to others

If you have been involved in a workplace incident that could lead to assault charges, you should seek both criminal and employment law advice as early as possible.

What are the Penalties for Common Assault?

Under the Criminal Code, the maximum penalty for common assault is 18 months’ imprisonment and/or a fine of up to $18,000.​ Under aggravating circumstances, those penalties can increase to a maximum of three years’ imprisonment and/or a fine of up to $36,000.

Aggravating circumstances are those which are seen as making an offence more severe. As such, the penalties are harsher. For common assault, aggravating factors could include:

• The accused being in company with others
• The victim being over 60 years old
• The offence being racially motivated

If you have been charged with common assault following a fight at work, it is recommended to engage a specialised workplace assault lawyer. This is the surest way of understanding your charges and whether your case involves aggravating circumstances

How Can Common Assault Be Defended?

There are several defences applicable to common assault charges that arise from workplace incidents:

• Self-Defence: Acting to protect oneself from immediate harm, provided the response is proportionate to the threat faced.​
• Defence of Another: Protecting a colleague from immediate harm using reasonable force.​
• Lack of Intent: The act was accidental or involuntary – there was no intent apply unlawful force or cause fear of immediate harm.

After assessing the facts of a case, a lawyer will be able to provide the accused person a thorough assessment of the defences open to them and their viability.

Find a Common Assault Lawyer in Perth with Chambers Legal

If you are facing criminal charges as a result of a workplace incident, obtaining prompt legal advice is crucial in protecting yourself legally and professionally.

At Chambers Legal, we recognise that these charges can emerge from complex situations. Whether it be self-defence or an unintended act, you may feel you have a strong chance of defending your charges.

Our team prides itself on working with 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.

In Western Australia, assault charges are divided into two categories: common and aggravated assault.

If you have been charged with one of these offences, you may not fully understand the allegations against you and the penalties you are facing. Contacting an experienced criminal defence lawyer will ensure that you are protected and prepared for trial.

At Chambers Legal, our team of common and aggravated assault lawyers can provide you with this assistance. Along with a thorough understanding of WA criminal law, we recognise that assault allegations can be incredibly stressful for the accused and their family. Because of this, we pride ourselves on working with transparency and integrity.

This article outlines the differences between common and aggravated assault. If you would prefer to speak with a member of our team, you can you can book a free 15 minute phone consultation.

What is Common Assault?

In Western Australia, common assault is one of the most frequently laid criminal charges. It applies when someone intentionally applies force to another person without lawful excuse or does something that causes that person to reasonably fear they are about to be hurt.

Importantly, you don’t have to physically injure someone to be charged with common assault. Legally speaking, the act of applying force or causing someone to fear imminent harm is enough. ​This means that a slap, a push or even raising a fist in a threatening way can constitute common assault.

For example, if you grab someone by the shirt during an argument or ‘swing and miss’ — charges could be laid if the other person feared for their safety or if some force was used.

Under the Criminal Code, the maximum penalty for common assault is 18 months’ imprisonment and a fine of up to $18,000. ​

What is Aggravated Assault?

An assault is considered aggravated when it happens under circumstances that make it more serious in the eyes of the law. This doesn’t change the definition of assault itself, but takes into account the context in which the alleged offence occurred.

In the eyes of the court, the presence of aggravating factors means that the offence had a greater impact on the victim or community. Therefore, these offences are subject to harsher penalties. The maximum penalty for aggravated assault to three years’ imprisonment and a fine of up to $36,000. ​

For an assault charge, some circumstances of aggravation could be:​

• The offender being in a family or domestic relationship with the victim.​
• A child being present during the commission of the offence.​
• The offence constituting a breach of a restraining order.​
• The victim being aged 60 years or older.​
• The offence being racially motivated.

How Are They Different?

While both common and aggravated assault involve unlawful force or the threat of force, the main difference lies in the circumstances surrounding the offence.

The key differences include:

• Context of the Assault: Common assault typically involves isolated incidents where no extra risk factors are present. Aggravated assault, on the other hand, occurs when the law considers the situation to be more serious.
• Presence of Aggravating Factors: Aggravated assault involves the presence of specific “circumstances of aggravation” defined in the Criminal Code.
• Penalties: The penalties for aggravated assault are significantly higher than for common assault.
• Court Process: In some cases, aggravated assault may be treated more seriously by the prosecution, meaning it could be dealt with in a higher court or pursued more aggressively than a standard common assault.

In short, aggravated assault isn’t a different type of offence. It is a common assault made more serious by who it was against, how it happened and what rules were broken in the process.

Find a Common or Aggravated Assault Lawyer at Chambers Legal

Recognising the differences between common and aggravated assault is essential, as the legal consequences vary substantially. If you are facing either of these charges, it is critical to contact a lawyer as soon as possible.

Chambers Legal has a dedicated team with a thorough understanding of Western Australian law.

Understanding the stress and seriousness of facing a criminal charge, we pride ourselves on 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.

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:​

1. Likelihood of Reoffending: The court must be satisfied that the accused is unlikely to commit a similar offence in the future.​
2. Nature of the Offence: The offence should be considered trivial and not be of a serious nature.​
3. 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.

Whilst common assault seems like a simple offence, the Western Australian legal system treats it in different ways depending on the seriousness, context and aggravating factors around the act.

Understanding the different categories of common assault is essential, as this can impact how the offence is charged, heard and sentenced. Engaging an assault lawyer is the surest way of being prepared.

At Chambers Legal, our team of defence lawyers understands that facing a criminal charge is an incredibly stressful time for the accused and those closest to them. We aim to use our expertise to support you toward the best possible outcome.

This article explains the different categories of common assault and how they are different. If you would prefer to speak directly with a lawyer, contact Chambers Legal on (08) 9500 8915 or at [email protected].

We also offer free 15 minute phone consultations.

Standard Common Assault

This is the basic and most familiar form of the offence. It includes any unlawful application of force or threat of force where no significant injury is caused. It carries a maximum penalty of 18 months’ imprisonment and/or an $18,000 fine.

Examples include:

• Pushing someone during an argument
• Slapping or grabbing someone without consent
• Raising a fist in a threatening way

Common Assault in Circumstances of Aggravation

Common assault becomes aggravated when certain factors are seen to make the offence more serious. It is important to note that the the physical conduct itself can remain the same, with the aggravating circumstances being contextual.

For example, an aggravating factor may be:

• The victim is aged 60 or older
• The assault is committed in the presence of a child
• The assault involves a racial element
• The offender was in company with others

Because it is a more serious offence, aggravated assault carries a harsher maximum penalty of 3 years’ imprisonment and/or a $36,000 fine.

Common Assault During a Breach of Restraining Order

If the offence occurs while the accused is subject to a Violence Restraining Order (VRO) or Family Violence Restraining Order (FVRO), it can be treated as an aggravating circumstance and result in harsher sentencing.

This is particularly relevant in domestic or family violence contexts and is taken very seriously by the courts. It is always recommended to engage a domestic assault lawyer for these charges.

Common Assault Against Public Officers

The term pubic officer refers to those who perform duties on behalf of the government or a government agency. This includes healthcare workers, police and local government rangers.

While more serious assaults against public officers fall under higher assault provisions, lesser assaults can be charged as common assault with aggravating circumstances.

Common Assault in a Domestic or Family Violence Context

In Western Australia, if common assault occurs within a family or domestic relationship, it is treated as an aggravated assault. This category includes assaults committed against:

• A current or former partner or spouse
• A parent or child
• A person you share care responsibilities with
• Someone you are in an intimate or family-like relationship with

In addition to criminal charges, the court is also able to:

• Issue a FVRO
• Mandate electronic monitoring if the offender is a repeat perpetrator under recent legislative changes

Western Australian courts treat family violence matters as a priority. Even relatively minor incidents of force, such as pushing or grabbing, can result in serious legal consequences.

Police Discretion and Downgrading from More Serious Assaults

Sometimes, a police investigation may begin as one into a serious assault or assault occasioning bodily harm. Often, a deeper look into the facts of the case will reveal that the victim’s injuries are minor or evidentiary issues will arise.

While this not a separate category of the offence, it shows how common assault can be used in plea deals or to lesser charges.

To discuss whether this is a viable defence for a charge you may be facing, contact a common assault lawyer as soon as possible.

Find a Lawyer in Perth with Chambers Legal

Although common assault is one of the less serious assault offences under WA law, the penalties and consequences can vary significantly depending on the context of the act.

If you’ve been charged with any form of common assault, it’s important to contact a lawyer to best understand the nature of the charge and what options are available to you.

At Chambers Legal, we have an experienced team that pride themselves on their 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 would like to speak with us, you can call (08) 9500 8915 or email us at [email protected].

Alternatively, you can book a free 15 minute phone consultation.

If you have been accused of common assault but feel you were innocent, it may be because you were drunk or intoxicated when the alleged act took place. However, this defence is not always successful in Western Australian courts.

Understanding how the law views the relationship between intoxication and assault is crucial for anyone facing such charges.​

Our team understand that assault allegations arise from complex situations like a heated argument, an act of self-defence or a misunderstanding. It can be an incredibly difficult circumstance for the accused and those closest to them.

Because of this, Chambers Legal staff will always look to support you as we work toward achieving the best possible outcome. If you would like to speak with one of our assault lawyers, you can call (08) 9500 8915 or email us at [email protected].

We also offer free 15 minute phone consultations.

What is Common Assault?

In Western Australia, common assault is defined under the Criminal Code Act Compilation Act 1913. It describes the offence as:

• The unlawful application of force to another person without their consent; or​
• The threat of applying force, causing the person to apprehend immediate and unlawful violence.​

Crucially, physical injury is not a requirement for a common assault charge. What is important is that there was an application force or fear of imminent harm. ​

Intoxication and Criminal Liability

Intoxication is addressed in Section 28 of the Criminal Code. The law distinguishes between voluntary and involuntary intoxication:

• Voluntary Intoxication: When an individual willingly consumes alcohol or drugs. ​
• Involuntary Intoxication: If a person becomes intoxicated without their knowledge or against their will, such as being drugged without consent.

Voluntary intoxication is not a defence for criminal charges, including common assault. Individuals are held accountable for their actions, regardless of their intoxicated state.

Involuntary intoxication, however, may be considered a defence in some circumstances. To be successful, these claims need to be supported by substantial evidence. If you are facing charges, an experienced common assault lawyer can assist in determining if this line of defence is viable for you

Legal Implications of Alcohol-Related Assaults

Engaging in violent behaviour while intoxicated, especially in public venues like bars or clubs, can lead to severe legal consequences. The maximum penalty for common assault is:

• 18 months’ imprisonment and/or
• A fine of up to $18,000

It is possible that the court views intoxication as an aggravating circumstance. Aggravating circumstances are those seen as making the offence more serious, such as the context of the act or the impact on the alleged victim.

Because it is seen as a more serious offence, aggravated assault carries harsher maximum penalties of 3 years’ imprisonment and/or a $36,000 fine.

Additionally, venues may have policies that lead to bans or other repercussions for patrons involved in such violent, alcohol-fuelled incidents.​

How Can the Police Prove I Was Drunk or Intoxicated?

In an assault case, the court can consider a range of evidence to determine whether the accused was intoxicated at the time of the offence, including:

• CCTV footage from the venue or street
• Police observations, such as slurred speech, unsteady movements or a strong smell of alcohol
• Witness testimony, including bar staff, security or the alleged victim
• Admissions made by the accused during questioning or arrest

If intoxication is going to be discussed in court, it’s best to get legal advice as early as possible. A lawyer can help determine whether it strengthens or complicates your case and how it should be addressed.

Find a Common Assault Lawyer with Chambers Legal

In Western Australia, voluntary intoxication is not a defence to common assault charges. Individuals are responsible for their actions, regardless of whether or not they are sober.

Understanding this principle is critical for those who frequent nightlife venues or consume alcohol regularly. If you find yourself accused of assault following an intoxicated incident, you should contact a common assault lawyer as soon as possible. This is the surest way to understand your charges, enter a plea and construct a defence.

At Chambers Legal, we have an experienced team that pride themselves on working with transparency and integrity. We are fair and honest in our pricing, providing proper cost notice. Our advice is tailored to each client and always provided in writing.

If you would like to speak with us, you can call (08) 9500 8915 or email us at [email protected].

Alternatively, you can book a free 15 minute phone consultation.

The Western Australian Criminal Code Compilation Act 1913 outlines a variety of sexual offences, each with different penalties.

Facing such a charge is a serious and distressing situation, often carrying significant legal and personal consequences.

Chambers Legal has an experienced team of sexual offence lawyers who understand the complexities of these cases and the profound impact they can have on people’s lives.

If you would like advice on a sexual offence charge, please do not hesitate to contact Chambers Legal on 08) 9500 8915 or at [email protected].

We can assist in navigating charges such as:

Sexual penetration without consent

Commonly known as ‘rape’, sexual penetration without consent carries a maximum penalty of 14 years imprisonment.

Consent is defined as being freely and voluntarily given. Consent cannot be freely and voluntarily given is it obtained by:

• Force
• Threat
• Intimidation
• Deceit or any fraudulent means

Read more about sexual penetration without consent and how sexual offence lawyers at Chambers Legal can assist with these charges.

Indecent assault

Indecent assault involves unlawful physical contact of a sexual nature without consent. An act is deemed indecent if it contradicts community standards of decency, such as unwanted touching or degrading behaviour.

Penalties can vary, with a maximum of 7 years imprisonment. Aggravating factors (such as the victim being under 16) can lead to harsher sentences.

In 2020, Chambers Legal successfully defended a client against indecent assault charges by establishing reasonable doubt. Our client was acquitted and all their legal expenses repaid.

Indecent dealing with a child

Indecent dealing with a child covers act such as:

• Indecent conduct with or towards a child
• Procuring a child for such conduct
• Exposing a child to indecent material

To qualify, the act must be sexual in nature, involve a victim under 16 years of age and be intentional. Penalties range from 10 years imprisonment for victims aged 13-16, to 20 years for victims under 13.

Using electronic communication to expose a child to indecent matter

Using electronic communication to expose a child to indecent matter is the act of sending messages to a child that are sexual in nature or inclusive of pornographic content.

Being found guilty of this offence will ordinarily result in immediate or suspended imprisonment for up to:

• 5 years – if the child involved is under the age of 16 years.
• 10 years- if the child involved is under the age of 13 years.

The length of the sentence will depend on many factors, including the length of communication, the age disparity between the accused and the child and the nature of the explicit material.

Read more about using electronic communication to expose a child to indecent matter.

Sexual coercion

Sexual coercion occurs when someone compels another to engage in sexual activity through threats, force or manipulation, impairing the victim’s ability to freely consent.

This law aims to protect individuals from situations where their autonomy is compromised by manipulation or threats. A victim may be coerced into an act when they feel endangered or pressured or where an abuse of power has occurred.

To secure a conviction, the prosecution must prove the accused:

• The accused engaged in intentional coercive conduct
• The victim did not consent freely and voluntarily

Sexual coercion can result in a maximum of 14 years imprisonment, with harsher sentences for cases involving aggravating factors.

Contact a Sexual Offence Lawyer

Chambers Legal has an experienced team of sexual offence lawyers who can advise you on legal defences and prospects of success at trial.

Our team prides itself on 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 a sexual offence and would like legal advice, please contact Chambers Legal on (08) 9500 8915 or at [email protected].

Alternatively, you can book a free 15 minute phone consultation.