WA Criminal Law

Section 313: 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:

(a) the offender is in a family or domestic relationship with the victim;
(b) a child was present when the offence was repeated;
(c) the conduct was in breach of a Restraining Order; or
(d) the victim was over the age of 60 years.

18 months imprisonment and a fine of $18,000. 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.

(1) That the conduct alleged is an assault;
(2) That the offender had the intention to assault another;
(3) The use of force or threat was without the other person’s consent; and
(4) The assault must be unlawful, that means it was not authorised, justified or excused by law.

(a) Accident;
(b) Consent;
(c) Provocation;
(d) Insanity;
(e) Duress;
(f) Emergency;
(g) Self-defence;
(h) Identification; and
(i) Lawful authority.

The offence will be heard in the Magistrate’s Court.