What to Know About Assault Charges in the Australian Capital Territory.

What to Know About the Different types of Assault Charges in the Australian Capital Territory

According to the Australian Federal Police, in 2019 there were a total of 2,837 instances of assault in the nation’s capital. This is understandably of concern to police and these cases are prosecuted very aggressively by the authorities, especially since the figures have trended upwards in the past four years.

Criminal lawyers know that assault has a certain meaning. In the decision of Edwards v Police (SA) (1998) 71 SASR 493, the following elements or ingredients of an assault offence were explained by the Court:

1. The physical element (actus reus) of an assault where there is no actual physical contact is an act of the defendant raising in the mind of the victim the fear of immediate violence to him, that is to say, the fear of any unlawful physical contact.
2. The mental element (mens rea) of an assault is the defendant’s intention to produce that expectation in the victim’s mind.
3. Alternatively, a reckless assault can occur where the defendant whilst not desiring to cause such fear realises that his conduct may do so and persists with it.

Broadly also, the assault must occur without the consent of the victim.

A particular type of assault is further aggravated in the eyes of a magistrate or judge if it involves particularly harmful physical or even sexual contact or if the assault occurs in a family violence context.

There are different degrees to assault charges, and there are corresponding penalties based on the seriousness of the charges. All of these, however, include a prison term as a potential maximum penalty. Assault charges fall under one of a few main types—common, occasioning actual bodily harm and grievous bodily harm.

Common Assault

An argument or a scuffle without actual harm could be a basis for a charge of common assault. It is the most frequent assault charge around the country. Pushing, shoving, or other contact related incidents during an argument can amount to a common assault.

Spitting or throwing an object at another person could also fall within this category.

Section 26 of the Crimes Act 1900 (ACT) states that the maximum penalty for common assault in the Australian Capital Territory is imprisonment for up to two years. The potential penalty you face if charged with assault can be mitigated or aggravated based on the severity or objective seriousness of the act balanced against your personal circumstances such as your past criminal history.

Assault Occasioning Actual Bodily Harm

This is a charge that arises when a person assaulted receives, unsurprisingly, “actual bodily harm” as a result of the assault.

Bodily harm was defined in R v Donovan [1934] 2 KB 498 as having “its ordinary meaning and includes any hurt or injury calculated to interfere with the health or comfort of the prosecutor. Such hurt or injury need not be permanent, but must, no doubt, be more than merely transient and trifling.” It was said in R v Morrison; Ex Parte West [1998] 2 Qd R 79 that “the phrase “bodily harm” should receive a wide interpretation and not be restricted to “harm to the skin, flesh and bones of the victim.”

So, things like bruising or swelling from an attack can also constitute actual bodily harm.

In the ACT, assault occasioning actual bodily harm will usually be charged under Section 24 of the Crimes Act 1900 (ACT). Such a charge will result in the accused person facing a maximum penalty of 5 years imprisonment or 7 years imprisonment if they are alleged to have committed the offence in circumstances of aggravation.

Grievous Bodily Harm

Continuing the theme of straight forward legal meanings, grievous bodily harm means really serious bodily injury and not merely a serious interference with health and comfort of the alleged victim. In certain states and territories, grievous bodily harm includes a permanent injury to health.

So, it could be said that when the person attacked sustains permanent disfigurement, damage, or loss of an organ, this would amount to grievous bodily harm for the purposes of a charge of grievous bodily harm.

Depending on what section of the Crimes Act 1900 you are charged under, the maximum penalty in the ACT for this charge varies from five years’ imprisonment all the way up to 20 – 25 years’ imprisonment for the most serious type of charge.

Conclusion

Assault of all varieties are taken seriously in Australia.

In the Australian Capital Territory, offenders may be charged with different types of assault depending on the severity of their alleged actions and depending on whether there are circumstances of aggravation present in their alleged offending.

If you have been charged with any assault type of assault, look no further. You’ve found your trusted advisor and fearless advocate.

Andrew Byrnes Law Group are leading criminal lawyers and assault lawyers, with expertise in navigating people charged with all types of assault charges through the Court process in order to get the best possible result.

For more information on assault charges in Canberra, ACT, contact our criminal lawyers at Andrew Byrnes Law Group today.

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