What is assault?
Assault charges in Australia are taken very seriously. Assault is classed as an offence against the person, and therefore no matter how minor the incident may have seemed, the charges are not to be taken lightly. There are different penalties for the different assault offences depending on the seriousness of the incident; however, all assault charges have a jail term as the maximum penalty. Whether the magistrate or judge orders a term of imprisonment or not will depend on the type of offence committed, the circumstances surrounding the offence, and the offender’s past criminal history.
An assault may occur by, for example, striking, touching, moving or applying force without a person’s consent, or with the person’s consent if that consent is obtained by fraud. It is not necessary for a physical injury to have been sustained for an assault to have occurred, as an assault charge may arise from an attempt or a threat where the offender has, or appears to have, the ability to carry out the assault. Assault may also arise if an offender uses light, heat, electricity, odours, gas or any substance that causes injury or personal discomfort to another person.
There are five main types of assault charges in Australia. These are:
common assault
assault occasioning bodily harm
unlawful wounding
grievous bodily harm, and
sexual assault.
The nature of the offence, the circumstances in which it occurred and the type of injury sustained will determine the charge that is laid. In some circumstances, the identity of the victim will also determine the appropriate charge.
