Assault Charges

General information only — not legal advice. Penalties and section numbers change; speak with us about your specific circumstances. Call (02) 6210 1075.

Assault is the most prosecuted offence against the person in the ACT. Charges range from common assault through to wounding and grievous bodily harm. Andrew Byrnes Law Group defends assault charges across the ACT Magistrates Court and ACT Supreme Court. Deliberately Different.

Assault offences under ACT law

Assault offences in the ACT are codified in the Crimes Act 1900 (ACT). Key charges include:

• Common assault — application of unlawful force, or causing apprehension of immediate unlawful force
• Assault occasioning actual bodily harm (AOABH) — assault causing injury more than transient or trifling
• Inflicting grievous bodily harm (GBH) — really serious injury
• Wounding — breaking both layers of the skin
• Assault occasioning grievous bodily harm with intent — aggravated form
• Assault on a frontline community service provider — emergency workers, paramedics, nurses

Charged with assault in Canberra? Call (02) 6210 1075 before your first court date.

Defences available in the ACT

• Self-defence under the Criminal Code 2002 (ACT) — defence of self, another, or property where the response was reasonable
• Consent — limited application; available in some sporting and consensual physical contexts
• Identification — challenges to CCTV, eyewitness, photoboards
• Lack of intent or recklessness
• Duress
• Mental impairment under the Criminal Code 2002 (ACT)

ACT Magistrates Court and Supreme Court

Common assault, AOABH and wounding can be dealt with summarily in the ACT Magistrates Court at Knowles Place where appropriate. GBH and aggravated forms are indictable and committed to the ACT Supreme Court for trial or sentence.

Related criminal defence services

• Domestic violence charges
• Family Violence Orders (FVOs)
• Personal Protection Orders (PPOs)
• Apprehended Violence Orders (AVOs)

Frequently asked questions

What is the difference between common assault and AOABH in the ACT?

Common assault under the Crimes Act 1900 (ACT) covers application of unlawful force or threat of immediate unlawful force, with no requirement of injury. Assault occasioning actual bodily harm (AOABH) requires injury that is more than transient or trifling. AOABH carries a higher maximum penalty.

Is self-defence available as a defence to assault?

Yes. Self-defence under the Criminal Code 2002 (ACT) is available where the response was a reasonable response to the perceived threat. Defence of another person and defence of property are also recognised. The reasonableness of the response is assessed on the facts as the accused understood them.

Can I be charged with assault even if I didn't hit anyone?

Yes. Common assault includes creating apprehension of immediate unlawful force without making contact. Verbal threats accompanied by physical proximity, raised fists, or gestures that cause genuine apprehension can support a common assault charge.

What sentence will I receive for a first assault offence in the ACT?

Sentencing varies with the level of harm, context, prior record, and rehabilitation. Many first-offence assault matters resolve via a section 17 non-conviction order under the Crimes (Sentencing) Act 2005 (ACT), a good behaviour order, or a fine. Serious matters with injury can attract imprisonment.

Will an assault conviction affect my APS employment or security clearance?

Yes. A recorded assault conviction can trigger APS Code of Conduct outcomes under the Public Service Act 1999 (Cth) and AGSVA security clearance review. Working with Vulnerable People (WWVP) checks in the ACT are also affected. Defence strategy must account for these consequences.

Important — not legal advice

This page provides general information about ACT criminal law. It is not legal advice and must not be relied on as such. Laws, penalties, and section numbers change, and how the law applies depends on your specific circumstances. For advice tailored to your situation, contact Andrew Byrnes Law Group on (02) 6210 1075 or via our contact page.