Common assault is the most frequent personal violence charge dealt with by WA courts. Governed by Section 313 of the Criminal Code, it covers a wide spectrum of conduct from minor physical contact to threats that cause a person to fear immediate violence.
What the Law States
Section 222 defines “assault” as the direct or indirect application of force to another person without their consent. Crucially, “force” can include heat, light, or even odor if applied to a degree that causes discomfort. An assault can also occur without physical contact if a person makes a gesture or threat that gives the victim reasonable grounds to believe force is about to be applied.
Circumstances of Aggravation
Under Section 221, an assault is “aggravated” if:
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The offender is in a family or domestic relationship with the victim.
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The victim is aged 60 or over.
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A child was present during the offence.
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The conduct breached a Restraining Order.
Maximum Penalties
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Simple Offence: 18 months imprisonment and a fine of $18,000.
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Aggravated Offence: 3 years imprisonment and a fine of $36,000.
What the Police Must Prove
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The Act: Force was applied, or a threat of force was made.
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Lack of Consent: The victim did not agree to the contact.
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Intent: The offender intended to apply force or make the threat.
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Unlawfulness: There was no legal justification (like a police officer performing a lawful arrest).
Common Defences
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Provocation: A unique defence in WA where the accused lost self-control due to the victim’s provocative act (subject to strict limits).
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Consent: Often relevant in sports or consensual physical interactions.
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Self-Defence: Using reasonable force to protect oneself.
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Domestic Discipline: A controversial and strictly limited defence regarding the reasonable disciplining of a child by a parent (Section 257).
Court Jurisdiction
Common assault is a simple offence and is almost exclusively dealt with in the Magistrates Court.