Common, assault
The offense of assault includes striking, touching, or directly or indirectly applying force (which can include heat or substance that would result in discomfort or injury) to another without the person’s consent. It also include action where the offender appears to have, the ability to carry out the assault. It also include any bodily act or gesture, attempts or threats to use force on another person without his/her consent, such that the person making the attempt or threat has actual or apparent ability to effect his purpose. Section 222 of the Criminal Code Compilation Act 1913 (WA) (“Criminal Code”),
This usually means the strike or blow not result in serious injury. The offense is dealt with by the Magistrates’ Court. The maximum penalty could be 18 months imprisonment and a fine of $18,000. Where the assault occurs under circumstances of aggravation, the maximum penalty increases to 3 years imprisonment and a fine of $36,000.
Assault becomes an aggravated offense where the offender is in a domestic relationship with the victim, or committed in the presence of a child, commission also breaches the terms of a restraining order, victim is advance in age (60+) or the offender’s action was racially motivated.
Defense
Common defenses include – provocation, the act was consented to by the victim, self defense.
Self-defense has to commensurate with the threat i.e. the degree of force used has to be reasonable. The response must be proportionate to the attack under the circumstances.
ASSAULT OCCASIONING BODILY HARM
An assault occasioning bodily harm arises where, the attack causes the victim to suffer bodily harm. If the matter is dealt with summarily in the Magistrates Court, the punishment could be up to 2 years imprisonment and a fine of $24,000.
Where the offence is committed under aggravated circumstances, the punishment could be as high as 3 years imprisonment and a fine of $36,000.
Bodily harm refers to injury to the body which interferes with health or comfort. Examples of bodily harm are broken bones, cuts and bruising.
Punishment is usually imprisonment term of 1 to 4 years*.
Grievous Bodily Harm
The punishment becomes higher where Grievous Bodily Harm (GBH) results and GBH under the Criminal Code Code WA means bodily injury which either:
1. endangers or is likely to endanger life or;
2. causes or is likely to cause permanent injury to health.
Examples include fractured eye socket, fractured jaw, fractured skull, arm or jaw.
Because of the seriousness, the matter is an “indictable offense” and is dealt with by the District Court and the maximum penalty is 10 years imprisonment.
Punishment is usually imprisonment term in the 2 to 4 years range*. In one case where the strike was not premeditated and the victim’s injury was a fractured jaw, the punishment was 16 months imprisonment
*Source – Director of Public Prosecutions