Perth Assaults

Assault charges are common and range in severity depending on a number of factors. An assault will be unlawful unless it is authorised or justified or excused by law. This raises a number of potential defences that may apply to the circumstances of your case. In order to assess the strength of your case, contact the professional team at Assurance Legal today

Common Assault (Criminal Code s 313)

Assault is the application of force to another person without their consent
Maximum penalty:
- $18,000 fine and imprisonment for up to 18 months
- In circumstances of aggravation or racial aggravation: $36,000 fine and imprisonment of up to 3 years

Assault occasioning bodily harm (AOBH) (Criminal Code s 317)

Bodily harm is defined as any bodily injury which interferes with a person’s health or comfort. It is not as severe as grievous bodily harm, but it does capture a lot of different types of harm.
Bodily harm may include bruising, swelling, acute pain, and other similar injuries which do not endanger life, but interferes with a person’s health nonetheless.
Bodily harm also includes the transference of disease or virus to another, either intentionally or negligently.
Maximum penalties
- Summary conviction:
  - AOBH: a fine of $24,000 and imprisonment for up to 2 years
  - AOBH in circumstances of aggravation or racial aggravation: a fine of $36,000 and imprisonment for up to 3 years
- Conviction on indictment:
  - AOBH: up to 5 years’ imprisonment
  - AOBH in circumstances of aggravation or racial aggravation: up to 7 years’ imprisonment

Grievous bodily harm (GBH) (Criminal Code s 297)

A person who unlawfully does GBH to another person is liable to imprisonment for 10 years
GBH is defined as including bodily injury which is likely to endanger the health or life of a person, or to cause or be likely to cause permanent injury to the person.
Grievous bodily harm can also include the transference of disease or virus to another, either intentionally or negligently.
The injuries of the victim should be assessed at the time they were inflicted, and not considering the prospects of any medical intervention. That means that regardless of whether a victim is likely to make a full recovery with no lasting effects, the accused will still face GBH charges if the injuries were initially severe enough.
Maximum penalties:
- GBH: 10 years
- GBH in aggravating circumstances: 14 years’ imprisonment
- GBH while stealing motor vehicle: 14 years’ imprisonment
- GBH on a public officer or other classes of victim: 14 years’ imprisonment
This is a serious crime and the Criminal Code provides that there should be minimum sentences in certain cases of GBH. In order to get the best outcome, it is advised that you seek professional legal help as soon as you are charged.

Wounding (Criminal Code s 301)

Wounding is defined by the common law as the breaking or penetration of skin
If you have been charged with wounding, it is in your best interests to obtain professional legal advice about your case as soon as possible.
Maximum penalties:
- Summary conviction:
- Conviction on Indictment:

Acts or Omission Causing Bodily Harm or Danger: Section 304 Criminal Code

You may be charged with this offence if you have done an unlawful act which either caused bodily harm, or was likely to endanger the life, health, or safety of a person. Similarly, if you have omitted to do an act that it was your duty to do, you may be charged if that omission has resulted in bodily harm to a person, or an endangerment of a person’s life, health, or safety.
This is an extremely broad and serious offence, with harsh penalties. If it is proven that you omitted to do an act that it was your duty to perform, and you did so intending to cause harm, you may be sentenced to up to 20 years’ imprisonment.
Given the extremely serious nature of this offence, it is of paramount importance for you to seek cogent legal advice about your options as soon as possible. At Assurance Legal, we have the experience to help you obtain a positive result, no matter the circumstances.

Suffocation or Strangulation: Section 298 Criminal Code

You will be charged with this offence if Police allege that you have impeded a person’s normal breathing, blood circulation, or both, by blocking a person’s nose or mouth or by applying pressure to their neck.
This is an extremely serious charge and often arises in the context of allegations of Domestic Violence. If convicted of this offence, you can be sentenced to up to 7 years’ imprisonment.
At Assurance Legal, we can provide you with clear legal advice about your matter and help you take the right steps if you have been charged with this offence. Specialist Domestic Violence programs are available to you if you accept responsibility for this offence. We can help to demystify this process and achieve a positive outcome for you.

Threats: Section 338B – Criminal Code (WA)

Threats charges are often preferred alongside assault charges or other offences against the person and significantly aggravate such conduct. Penalties for making threats are accordingly severe. As such, it is important to consult with an experienced lawyer if you have been charged with making a threat.
A wide range of conduct may be deemed threats, including verbal threats as well as threatening behaviour. Common threats include threats to:

Kill, injure, endanger or harm any person
Destroy, damage, endanger or harm any property
Take control of a building, structure or conveyance by force or violence
Cause a detriment of any kind to another person
Distribute an intimate image of another (sometimes referred to as “revenge porn”)

An offender faces a maximum penalty of 7 years’ imprisonment if convicted of making a threat to kill, and this matter must be heard in the District Court. If the threat occurs in circumstances of aggravation, the maximum penalty for making a threat to kill is 14 years’ imprisonment.
A maximum penalty of 3 years imprisonment applies to any other type of threat, if the proceedings take place in the District Court. If the threat occurs in circumstances of aggravation, the maximum penalty is 6 years’ imprisonment.
Circumstances of aggravation means circumstances where the offender is in a domestic relationship with the victim, where a child is present, where the threat contravenes a Restraining Order, or where the threat is made towards a victim of 60 years of age or older.
If no circumstances of aggravation apply, and the threat is not one to kill, the matter may be heard in the Magistrates Court, with an available maximum penalty of 18 months’ imprisonment and a fine of $18,000.00.

Defences to Assault:

Consent was given by the victim
Mistake of fact: an honest but mistaken belief that the victim of the assault consented to the application of force
Accident: it was by accident that the force was applied to the victim.
Self-defence: the assault was necessary and proportionate as a response in the circumstances
Provocation: you were provoked into assaulting the person, and this was not a disproportionate response
Duress: where a threat or perceived threat is made against the offender and the commission of the offence is essentially ‘forced’
Insanity: mental impairment at the time of the offence prevented you from having any capacity to understand what you were doing, control your actions, or know that you should not do the act itself.

Family Violence Service

Domestic violence cases are heard in the Family Violence List and involve the provision of specialist resources to victims and offenders, including the engagement of Domestic Violence Teams.
Specialised programs can be set up to deal with your offending, and targeted sentencing options are available to the magistrate who hears your case.
It is important to fully understand the process and procedure of this specialised wing of the Magistrates court. So if you’ve been charged with an offence that is going to be heard in the Family Violence List, contact Assurance Legal to review your case, assess your options, and determine what your best course of action should be.

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