Homicide

What is assault?

A person may commit an assault if they:

• intentionally apply physical force to another person;
• intentionally make physical contact with another person, knowing that they might reasonably object to the contact;
• threaten (by words or conduct) to apply force to another person, where that person reasonably believes that the threat will be carried out;
• do an act with the intended purpose to apply force to another; or
• accosts or impedes another in a threatening manner.

What Are The Different Types Of Assault?

However, not all conduct that amounts to an assault will be unlawful. Conduct that is generally accepted as normal incidents of social interaction will not be an assault. For example, contact within the rules of sport, bumping into someone at a concert or touching someone on the shoulder to get their attention will not be an assault.

Further, conduct that it justified or excused at law will not be an assault, such as a police officer making a lawful arrest or reasonable punishment of children.

A person can be found guilty of an assault even if they did not intend to cause harm and even if no harm actually occurred. However, if the assault does cause harm higher penalties are imposed.

Further, a more serious change of causing harm or causing serious harm may be imposed. The charge imposed will be decided by police and will depend on the degree of injury to the victim, whether the victim is a vulnerable person and whether or not a weapon was used.

Basic Assault

What Is The Penalty For An Assault Charge?

The maximum penalty for a basic assault is two years imprisonment.

For an aggravated offence, the maximum penalty is three years imprisonment.

The offence will be aggravated if:

• the accused used or displayed a weapon;
• the victim was a police officer, prison officer or other law enforcement officer on duty;
• the accused committed the offence in order to prevent or dissuade the victim from taking legal proceedings;
• the accused knew that the victim was under the age of 12 or over the age of 60;
• the victim was the spouse, domestic partner or child of the accused;
• the accused was in a position of authority over the victim; or
• the victim was vulnerable due to a disability or impairment.

Further, where the offence is aggravated by use of, or threatened use of an offensive weapon, the maximum penalty is four years imprisonment.

Assault Causing Harm

The maximum penalty for a basic assault which causes harm is imprisonment for three years.

For an aggravated offence of assault causing harm, the maximum penalty is four years imprisonment.

Further, where the assault causing harm is aggravated by use of, or threatened use of an offensive weapon, the maximum penalty is five years imprisonment.