BUTLERS

Under WA Law, a person who unlawfully assaults another is guilty of an offence. Section 222 of the Criminal Code defines assault: A person who strikes, touches or moves, or otherwise applies force of any kind to another person, either directly or indirectly, without his/her consent (or with his/her consent if that consent is obtained by fraud), or who by any bodily act or gesture attempts or threatens to apply force of any kind to another without his/her consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his/her purpose, is said to assault that other person, and the act is called ‘assault’.Section 221 of the Criminal Code defines aggravated assault: “Circumstances of aggravation” means circumstances in which:

1. the offender is in a family or domestic relationship with the victim;
2. a child was present when the offence was committed;
3. the conduct was in breach of a Restraining Order; or
4. the victim was over the age of 60 years.

According to WA Law,18 months imprisonment and a fine of $18,000 if found guilty of Common Assault. If the act is done in circumstances of aggravation or racial aggravation, the maximum penalty is 3 years imprisonment and a fine of $36,000.

Yes, there are and early advice from one of our experienced Lawyers is essential.  The possible Defences under WA law are:

1. Accident;
2. Consent;
3. Provocation;
4. Insanity;
5. Duress;
6. Emergency;
7. Self Defence;
8. Identification; and
9. Lawful authority.

Under WA Law, any person who unlawfully assaults another and thereby does that person bodily harm, is guilty of a crime. Section 222 of the Criminal Code defines assault: A person who strikes, touches or moves, or otherwise applies force of any kind to another person, either directly or indirectly, without his/her consent (or with his/her consent if that consent is obtained by fraud), or who by any bodily act or gesture attempts or threatens to apply force of any kind to another without his/her consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his/her purpose, is said to assault that other person, and the act is called ‘assault’.

“Bodily harm” means any bodily injury which interferes with health or comfort.

Section 221 of the Criminal Code defines aggravation: Circumstances of aggravation means circumstances in which-

1. the offender is in a family or domestic relationship with the victim;
2. a child was present when the offence was committed;
3. the conduct was in breach of a Restraining Order; or
4. the victim was over the age of 60 years.

If the offence is dealt with in the District Court, the maximum penalty is imprisonment for 5 years. If the offence is committed in circumstances of aggravation or in circumstances of racial aggravation, the maximum penalty is 7 years. If the matter is dealt with in the Magistrate’s Court; the maximum penalty is 2 years and a $24,000 fine. If the offence is committed in circumstances of aggravation or racial aggravation, the maximum penalty is 3 years and a $36,000 fine.

There are several possible Defences for Assault Occasioning Bodily Harm under WA Law.  These include:

1. the injury does not amount to GBH;
2. accident;
3. duress;
4. emergency;
5. lack of intent;
6. insanity; and
7. self-defence.

Provocation and Consent are not defences for GBH.

If a person assaults another with the intent to: commit or facilitate the commission of a crime; to do grievous bodily harm, or to resist or prevent the lawful arrest or detention of any person, that person is guilty of a crime.

According to WA Law the charge of Assault with Intent (Aggravated Assault) includes a person who –

1. assaults another with intent to commit or facilitate the commission of a crime;
2. assaults another with intent to do grievous bodily harm; or
3. assaults another with intent to resist or prevent the lawful arrest or detention of
   any person, that person, is guilty of a crime.

Section 222 of the Criminal Code defines assault as a person who strikes, touches or moves, or otherwise applies force of any kind to another person, either directly or indirectly, without his/her consent (or with his/her consent if that consent is obtained by fraud), or who by any bodily act or gesture attempts or threatens to apply force of any kind to another without his/her consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his/her purpose, is said to assault that other person, and the act is called ‘assault’.

Section 221 of the Criminal Code defines circumstances of aggravation as circumstances in which:

1. the offender is in a family or domestic relationship with the victim;
2. a child was present when the offence was committed;
3. the conduct was in breach of a Restraining Order; or
4. the victim was over the age of 60 years.

The charge of Assault with Intent (Aggravated Assault) in WA is as follows.  If the matter is dealt with in the District Court, the maximum penalty is imprisonment for 5 years. If the offence is committed in circumstances of aggravation or racial aggravation, the maximum penalty is 7 years. If the offence is dealt with in the Magistrate’s Court, the maximum penalty is 2 years and a $24,000 fine. If the offence is committed in circumstances of aggravation or racial aggravation the maximum penalty is 3 years and a $36,000 fine.

Yes, there are, and early advice from one of our experienced Lawyers is essential.  The possible Defences under WA Law are:

1. accident;
2. consent;
3. insanity;
4. duress;
5. emergency;
6. self Defence;
7. identification;
8. mistake of fact; and
9. lawful authority.

This a serious offence and the maximum penalty is 10 years imprisonment however, this may vary depending on whether the GBH is committed while stealing a motor vehicle or in circumstances of aggravation or if it is done to a public officer who is performing their public duty.

If the GBH is committed while stealing a motor vehicle or in circumstances of aggravation, the maximum penalty is 14 years.

If the GBH is done to a public officer who is performing their public duty, the maximum penalty is 14 years.

If the offender is 18 years or over and an officer suffers GBH as a result of the act, the Court must sentence the offender to a mandatory minimum term of 12 months immediate imprisonment. This sentence cannot be suspended.

This is a very serious crime and there are several possible Defences for Unlawful Assault causing Death under WA Law.  These include:(a) Provocation;

1. duress;
2. emergency;
3. identification (ie. the accused is not the person who assaulted the victim);
4. the death was not caused by the assault; and
5. accident.

It is essential that you receive immediate advice if you are charged with Unlawful Assault causing Death.

Yes, there are, and early advice from one of our experienced Lawyers is essential.  The possible Defences under WA Law are:

1. the injury does not amount to GBH;
2. accident;
3. duress;
4. emergency;
5. lack of intent;i
6. nsanity; and
7. self-defence.

Provocation and Consent are not defences for GBH.

Under WA Law, a person who unlawfully does grievous bodily harm to another is guilty of a crime.

“GBH” is any bodily injury of such a nature as to endanger, or be likely to endanger life, or cause or be likely to cause permanent injury to health.

Section 221 of the Criminal Code defines aggravation: Circumstances of aggravation means circumstances in which:

1. the offender is in a family or domestic relationship with the victim;
2. a child was present when the offence was committed;
3. the conduct was in breach of a Restraining Order; or
4. the victim was over the age of 60 years.

Under WA Law, If a person unlawfully assaults another and that person dies as a direct or indirect result of the assault, the person is guilty of a crime.

The person is guilty of a crime even if the person does not intend or foresee the death of the other person and even if the death was not reasonably foreseeable.

Section 222 of the Criminal Code defines assault: A person who strikes, touches or moves, or otherwise applies force of any kind to another person, either directly or indirectly, without his/her consent (or with his/her consent if that consent is obtained by fraud), or who by any bodily act or gesture attempts or threatens to apply force of any kind to another without his/her consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect his/her purpose, is said to assault that other person, and the act is called ‘assault’.

Yes, there are, and early advice from one of our experienced Lawyers is essential.  The possible Defences under WA Law are:

A person who unlawfully wounds another, or who unlawfully wounds another with intent to injure or annoy by causing that person to consume or be administered any poison or noxious thing, is guilty of a crime.

‘Wounding’ is taken to mean breaking of the skin and penetrating below the epidermis. Note however, that a mere scratch will not amount to wounding.