In WA, criminal law is codified as is in Queensland. Other States use Common Law. In WA, assaults are dealt with under Chapter XXX — Assault of the Criminal Code Act Compilation Act 1913. I can advise you in relation to assault charges, whether it be common assault; assault causing bodily harm; assault with intent or serious assault. An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution and/or civil liability.
However, in any specific case there may be a defence. Defences which may arise to an assault charge include:
- Identification
- Provocation
- Self Defence of defence of another
- Accident
- The discipline of a child
- Extraordinary Emergency
- Preventing violence from occurring
If charged with assault you should immediately seek legal advice. Depending on the severity of the assault (injuries inflicted on the victim) this will determine which Court you will need to appear in and what penalty, if any, you may receive.
