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.