Assault cases are very serious and can have serious repercussions on your life, be it through the imposition of a criminal conviction, or being sentenced to a term of imprisonment.

Our Lawyers are expert assault lawyers and are highly experienced in defending in assault and violence offences and are best placed to get you the best result possible.

Common assault refers to an act by which a person intentionally or recklessly causes another to apprehend immediate or unlawful violence, or strikes, touches or applies force to another without lawful justification.

To prove a charge of common assault, the prosecution must prove the following elements:

1. INTENTIONALLY OR RECKLESSLY
The person committing the assault must either intentionally cause physical or psychological harm to another person or act recklessly, knowing that their actions could result in harm.

2. PHYSICAL OR PSYCHOLOGICAL HARM
Unlike other types of assault, Common Assault can be proved without the need for physical contact. The Prosecution can prove either physical harm, such as physical contact without consent or a physical assault, or psychological harm, which includes intimidation or threats that cause a person to fear for their safety.

3. LACK OF CONSENT, SELF DEFENCE OR LAWFUL EXCUSE
The Court recognizes some defences to Common Assault. If the victim consented to the alleged assault that may be a defence. If the accused person was acting in self defence, they will not be held criminally responsible. Finally, there are a few other exceptions such as the lawful correction of a child by a parent.

Penalties for Common Assault can include:
● Criminal Conviction
● Good Behaviour Bond
● Fines
● Community Service
● Imprisonment (2 years maximum)

Assault Occasioning Actual Bodily Harm (AOABH) refers to an act by which a person intentionally or recklessly assaults a person which results in actual bodily harm.

To prove a charge of AOABH, the prosecution must prove the following elements:

1. INTENTIONALLY OR RECKLESSLY
The person intentionally or recklessly assaulted the victim.

2. ASSAULTS
The assault requires the physical application of force.

3. ACTUAL BODILY HARM
That the assault resulted in the victim incurring actual bodily harm. Actual bodily harm can include but is not limited to bruising, bleeding, and scratching.

4. LACK OF CONSENT, SELF DEFENCE OR LAWFUL EXCUSE
The Court recognizes some defences to Assault Occasioning Actual Bodily Harm. If the victim consented to the alleged assault that may be a defence although the Court is going to have greater issue due to the incurring of injury. If the accused person was acting in self-defence, they will not be held criminally responsible. Finally, there are a few other exceptions which provide the basis of a defence.

Penalties for Assault Occasioning Actual Bodily Harm can include:
● Criminal Conviction
● Good Behaviour Bond
● Fines
● Community Service
● Imprisonment (5 years maximum)

If the alleged victim of the assault is in a domestic relationship with the accused person, Police are required to take out an Apprehended Domestic Violence Order on behalf of the victim, irrespective of their own wants or views.

Apprehended Domestic Violence Orders run alongside criminal proceedings for the assault matter. Police and the Court can include additional conditions that monitor contact between the victim and the accused person, restrict movement of the accused person and where they live, among other things.

The standard orders for every Apprehended Domestic Violence Order are:
The defendant must not do any of the following to the protected person or anyone the protected person has a domestic relationship with:
a) Assault or threaten them,
b) Stalk, harass or intimidate them, or
c) Intentionally or recklessly destroy or damage any property or harm an animal that belongs to or is in the possession of them.