Personal violence offences such as assault are deemed very serious and you should contact a criminal lawyer if you have been charged or under investigation for an offence of personal violence as soon as possible.
Common Assault
Common assault is an offence against another person which does not result in actual bodily harm. Actions that may constitute common assault include kicking, punching or hitting a person, without causing bodily harm. Common assault also extends to spitting on another person, mainly because of the possibility of an infection being transferred.
Common assault offences are generally dealt with in the Local Court, but they can be heard in the District Court before a jury.
The maximum penalty which may be imposed in the Local Court is a fine of $2,200 and/or 12 months imprisonment. If the matter is heard in the District Court, the maximum penalty is 2 years imprisonment.
Assaults thereafter increase in seriousness from common assault to assault occasioning actual bodily harm to matters occasioning grievous bodily harm. There are further assault offences, such as assault police officer, assault during public disorder and assault with intent to commit a serious indictable offence.
Assault Occasioning Bodily Harm (AOABH)
Assault occasioning actual bodily harm is an offence which states an assault where any person occasions actual bodily harm. This could include bruising, cuts or lacerations, scratches or even knife wounds.
If this is heard in the Local Court the maximum penalty which can be imposed is a fine of $5,500 and/or 2 years imprisonment.
If the matter proceeds to the District Court, the maximum penalty is 5 years imprisonment.
Intentionally or Recklessly Causing Grievous Bodily Harm (GBH)
It is an offence to cause grievous bodily harm to another person with the intent to cause such grievous bodily harm. This could include any serious injury causing a permanent disfigurement or broken bones. However, in circumstances where it cannot be proven that such grievous bodily harm is intentional, the offence becomes one of “recklessly cause grievous bodily harm” which states a person who recklessly causes grievous bodily harm (without the intent) is guilty of an offence.
If the offence of recklessly cause grievous bodily harm is heard in the Local Court the maximum penalty which can be imposed is 2 years imprisonment.
If the matter proceeds to trial in the District Court, the maximum penalty which can be imposed is 14 years imprisonment.
The matter of grievous bodily harm with intent is an extremely serious offence and the maximum penalty is 25 years imprisonment.