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Common Assault

Welcome to the WA Common Assault article page. Everything you need to know about Common Assault according to WA Law.

What the Law states according to WA Law for Common Assault

According to WA Law for the charge of Common Assault,

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 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 – Common Assault

According to WA Law for the charge of Common Assault,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.

What the Police must prove according to WA Law for Common Assault

  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.

Possible Defences under WA Law – Common Assault

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

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