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Assault with Intent (Aggravated Assault)

Welcome to the WA Assault with Intent (Aggravated Assault) article page.
Everything you need to know about Assault with Intent (Aggravated Assault) according to WA Law.

What the Law states according to WA Law for Assault with Intent (Aggravated Assault)

According to WA Law for the charge of Assault with Intent (Aggravated Assault),

Section 317A: A person who –

(a) assaults another with intent to commit or facilitate the commission of a crime;
(b) assaults another with intent to do grievous bodily harm; or
(c) 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: 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 aggravation: “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 committed;
(c) the conduct was in breach of a Restraining Order; or
(d) the victim was over the age of 60 years.

The Maximum Penalty – Assault with Intent (Aggravated Assault)

According to WA Law for the charge of Assault with Intent (Aggravated Assault),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.

What the Police must prove according to WA Law for Assault with Intent (Aggravated Assault)

  1. That the alleged conduct is an assault;
  2. That the assault was unlawful;
  3. That the assault was done without the other person’s consent; and
  4. That the accused intended to do one of the things described above.

Possible Defences under WA Law – Assault with Intent (Aggravated Assault)

(a) Accident;
(b) Consent;
(c) Insanity;
(d) Duress;
(e) Emergency;
(f) Self Defence;
(g) Identification;
(h) Mistake of fact; and
(i) Lawful authority.

In WA which court will hear the matter – Assault with Intent (Aggravated Assault)

The offence will be heard in the District Court, or the Magistrates Court is being dealt with summarily.

Assault with Intent is an ‘either-way’ offence. Therefore, the offence is most often dealt with in the Magistrate’s Court, however, if the assault is particularly serious or if the offender is also facing other charges which are dealt with in the District Court, then the Prosecution can make an application for the charge to be committed to the District Court.

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