201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Assaults can be committed in a variety of ways and can vary greatly in seriousness. An Assault can range from a verbal threat to cause harm to someone to the infliction of very serious injuries.
This section sets out the various definitions which relate to Assaults, the various Assault-related offences and the maximum penalties which apply to Assault-related charges. It also sets out what defences may be available to a person who has been charged with Assault in Western Australia.
All references to Acts in this section refer to the Criminal Code 1913 (WA) (the Code). This Code is found in Appendix A of the Criminal Code Act Compilation Act 1913 (WA).
Pursuant to Section 222 of the Code, Assault occurs when a person directly or indirectly:
to the person of another without the other person’s consent.
An Assault also occurs where a person uses:
to another person without the other person’s consent and it appears to the other person that the person can actually or apparently commit an Assault upon them. This means that an Assault can be committed without the person making any actual physical contact to the other person.
Pursuant to Section 223, Assault is unlawful and a person who Assaults another commits an offence unless the act was authorised, justified or excused by law.
In certain prescribed circumstances an Assault is considered to have been committed in “circumstances of aggravation”. An Assault committed in such circumstances carries an increased maximum sentence for the offence: refer to the Penalties for Assault-Related Offences table.
Pursuant to Section 221 of the Code, an Assault is considered to involve circumstances of aggravation in circumstances where:
The effect of the presence of “circumstances of aggravation” is in sentencing for the offence. A more severe penalty can be imposed when there are such circumstances.
Pursuant to Section 80I of the Code, “circumstances of racial aggravation” can have the same effect as “circumstances of aggravation” pursuant to Section 221 of the Code. “Circumstances of racial aggravation” occur where:
The term “bodily harm” is defined in Section 1 of the Code and means any bodily injury which interferes with health or comfort. It includes:
The term “grievous bodily harm” is defined in Section 1 of the Code and means any bodily injury of such a nature as to endanger, or be likely to endanger life, or to cause, or be likely to cause, permanent injury to health. “Grievous bodily harm” includes:
The term “serious disease” is defined in Section 1 of the Code and means a disease of such a nature as to:
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers will be able to guide you through the process while dealing with the various authorities related to your matter.
Contact Armstrong Legal:
Perth: (08) 9321 5505
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100