What are the Penalties for Assault in Western Australia?
In Western Australia, assault offences encompass a range of unlawful physical acts, each carrying specific penalties under the Criminal Code Act Compilation Act 1913. Understanding the distinct definitions of each offence and its penalty is crucial for anyone facing such charges.
If you are facing an assault charge, it is crucial to seek legal advice. Chambers Legal understands the complexities assault law and how facing legal proceedings can affect you and those around you.
This article outlines the penalties for various assault offences in Western Australia. If you would like advice on these, or any other charges, please contact us on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation with one of our assault lawyers.
Common Assault
Defined under Section 313, common assault involves the application of force to another person without their consent and without lawful excuse. Notably, physical injury is not a prerequisite for this charge; even the threat of immediate force can constitute common assault.
The maximum penalty is 18 months imprisonment and a fine of $18,000. However, if the offence occurs in circumstances of aggravation—such as being in company with another person, causing bodily harm, threatening to kill or if the victim is over 60 years old—the penalties increase to 3 years imprisonment and a fine of $36,000.
Click here to read more about how our Perth-based common assault lawyers can assist you.
Grievous Bodily Harm (GBH)
Under Section 297, grievous bodily harm is defined as any bodily injury of a serious nature that is likely to endanger life or cause permanent injury. This includes injuries such as severe disfigurement, loss of a limb or broken bones.
The offence carries a maximum penalty of 10 years imprisonment. However, if committed under specific circumstances, such as during an intent to commit another crime, the maximum penalty increases to 14 years imprisonment.
Assault of a Public Officer
Assaulting a public officer, such as a police officer, prison officer or security officer performing their duties, is addressed under Section 318.
The maximum penalty is 7 years imprisonment. However, if the offender is armed or in the company of others during the assault, the maximum penalty increases to 10 years imprisonment. Additionally, if a public officer suffers bodily harm during the assault, a mandatory minimum sentence of 6 months imprisonment applies, extending to 9 months if the offender was armed or accompanied.
Act or Omission Causing Bodily Harm or Danger
As per Section 304 of the Criminal Code, this offence occurs when a person unlawfully acts or fails to act, resulting in bodily harm to another person, or endangering their life, health or safety.
The maximum penalty for this offence is 7 years imprisonment.
It is considered a more serious offence if a person (with an intent to harm) does or omits to do any act that is in their duty to do. If this action/inaction results in someone suffering bodily harm or sees their life, health or safety endangered, a conviction may follow.
In those circumstances, the maximum penalty is 20 years imprisonment.
Unlawful Assault Causing Death
Introduced in 2008, Section 281 of the Criminal Code addresses situations where a person unlawfully assaults another, leading directly or indirectly to the victim’s death.
This offence carries a maximum penalty of 20 years imprisonment.
Assault Occasioning Bodily Harm (AOBH)
Under Section 317, this offence pertains to assaults resulting in bodily harm, defined as any physical injury interfering with the victim’s health or comfort, including minor abrasions or bruises.
When heard in the District Court, the maximum penalty is 5 years imprisonment, escalating to 7 years if aggravated. In the Magistrates Court, the penalties are up to 2 years imprisonment and a $24,000 fine, or 3 years imprisonment and a $36,000 fine under aggravated circumstances.
Understanding ‘Circumstances of Aggravation’
Certain factors can elevate an assault charge to aggravated status, meaning that the offence is considered more serious and ay conviction will carry harsher penalties. These factors include:
- Being in company with another person during the assault.
- Causing bodily harm to the victim.
- Threatening to kill the victim.
- If the victim is over 60 years old.
Given the complexities and severe consequences associated with assault charges, seeking legal advice is crucial to navigate the legal system effectively. At Chambers Legal, our team of assault lawyers has proven experience working to defend charges of aggravated status.
Find an Assault Lawyer in Perth
Assault offences in Western Australia vary in severity, with penalties ranging from fines and short-term imprisonment to life-altering sentences for the most serious charges.
Understanding the specific elements of each offence—such as intent, level of harm, and victim status—is crucial in determining possible defences and sentencing outcomes. Some charges require proof of deliberate intent to harm, while others focus on the consequences of an act or omission, regardless of intent.
If you are facing an assault charge, obtaining legal representation as early as possible is essential. Our team of assault lawyers is experienced in defending all of these offences, including common assault and battery.
Our understanding of Western Australian law allows us to assess evidence, advise you on avenues of defence and advocate for an ideal outcome in court.
If you would like to speak with a Chambers Legal lawyer about an assault charge, please contact us on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation with one of our assault lawyers.