Criminal Law: Assault, Sexual Assault, Homicide - Guides
Assault, Sexual Assault, Homicide
3. Assault
Firm / Chambers:
Last updated: 18 Jun 2015
- Criminal assault is any act where a person intentionally or recklessly causes an immediate fear in someone that unlawful violence will be used against them.
- It is the fear that constitutes the assault so even a light touch can be sufficient.
- There must be an action of some kind. You cannot assault someone by failing to do something.
- Speaking words counts as an action even if you are so far away as to make contact impossible. The fear may be immediate even though the person threatened does not know when or where the violence may occur.
- Most Australian jurisdictions (states and territories) have different penalties or sentences. These generally depend on the seriousness of the assault and the injury that resulted. For example:
- a simple assault where no bodily harm resulted may have a maximum penalty of only 3 months imprisonment;
- a serious assault, also known as ‘Causing serious injury intentionally’ or ‘grievous bodily harm’ can have maximum penalties of up to 20 years imprisonment.
- Assault offences differ depending on the circumstances and the injury that resulted. Generally, the offences increase in severity as follows:
- a simple assault where there is little or no injury;
- causing injury recklessly. This is where a non-serious injury is caused by an offender who knew there was a risk that they would frighten or injure the victim but did not care;
- causing injury intentionally. This is where a non-serious injury is caused by an offender who intended to hurt the victim;
- causing serious injury recklessly. This is where a serious injury or grievous bodily harm is caused by an offender who knew their actions might hurt the victim but went ahead anyway;
- causing serious injury intentionally. This is the most serious form of assault where serious injury or grievous bodily harm is deliberately caused to the victim.
- If the defence proves that an offender caused a serious injury where they only intended to cause a non-serious injury that will be reflected in the severity of the offence charged and the maximum sentence applicable to that offence.
- Consent is a defence to a simple assault where no injury or serious injury results. An example where someone might consent to an assault would be a boxing match, contact sport or medical procedure.
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