ASSAULT LAWYERS SHELLHARBOUR

This charge can apply even when no visible injuries are present. It includes actions such as pushing, slapping, spitting, or any contact that is offensive or threatening. In some cases, verbal threats that cause someone to fear immediate harm may also lead to a charge. The maximum penalty for common assault is 2 years in prison. If the offence involves particular factors, such as targeting a police officer, courts may impose harsher sentences.

This offence is charged when the incident results in visible or identifiable injuries. These may include bruising, minor wounds, or emotional harm that can be medically verified. The court does not require proof that the offender intended to cause harm—only that the act resulted in injury. A conviction carries a maximum sentence of 5 years, or up to 7 years if more than one person was involved.

Wounding occurs when an injury causes the skin to break. This may result from a weapon or any object used in the incident. If the act involved multiple blows or occurred in a public or aggravated setting, the severity of the charge increases. The maximum penalty is 7 years in prison, rising to 10 years when the offence is committed in company.

What is grievous bodily harm?

Grievous bodily harm refers to injuries that are serious in nature or result in lasting damage. This can include permanent scarring, broken bones, loss of function, or any harm that significantly impacts the victim’s health or wellbeing. The law does not set out a strict list of injuries that fall within this category. Even if a victim eventually recovers, the offender can still face this charge. Courts assess the circumstances and the injury’s severity to determine if it meets the legal threshold. A conviction may lead to a maximum of 10 years imprisonment, or up to 14 years if the offence involved more than one person.

What constitutes recklessness?

Recklessness applies when a person acts despite knowing their conduct could seriously injure someone. It requires more than carelessness. The prosecution must show that the accused was aware there was a risk of causing harm but continued anyway. For example, someone who strikes another person in the face, knowing it could cause a broken nose or worse, may meet the legal test for recklessness under this offence.

This offence involves deliberate and premeditated conduct. The court must be satisfied that the accused meant to inflict serious harm. It is a significantly more serious charge than reckless GBH and carries a maximum sentence of 25 years imprisonment.

Offences involving law enforcement are treated with particular seriousness. Assaulting an officer acting in the course of duty carries a maximum sentence of 5 years. Additional penalties apply depending on the nature of the conduct:

• Throwing an object, stalking, or intimidating a police officer: up to 5 years
• Assault causing bodily harm: up to 7 years
• Causing serious injury or wounding: up to 12 years

This offence applies when an unlawful strike causes the death of another person. It targets unexpected, fatal assaults that occur with a single blow. If the person was intoxicated during the act, the sentence increases. The minimum penalty is 8 years imprisonment, with a maximum of 20 years, or 25 years if alcohol or drugs were involved. The prosecution must prove that the strike directly caused the death.

Choking or attempting to restrict someone’s breathing is treated as a serious offence. If convicted, the penalty can be up to 25 years in prison, depending on the intent and circumstances.

This charge often arises in drink spiking cases but can also apply where alcohol, drugs, or other substances are used without consent to facilitate another offence. If the act poses a serious risk to health or safety, the consequences are severe. The maximum sentence for this offence is 25 years imprisonment.

When assessing the seriousness of a personal violence offence, courts take several factors into account to determine how the case should be treated and what sentence is appropriate. These include:

• Extent and Nature of the Victim’s Injuries: The seriousness of the victim’s injuries is key in assessing the offence's severity and determining the appropriate sentence. Generally, more serious injuries result in a more severe offence and a harsher penalty.
• Degree of Violence Inflicted by the Offender: The level of violence used by the offender will influence the sentencing decision. More violent attacks typically incur more severe penalties.
• Intention/Mental Element: This consideration is typically governed by the legislation that defines the offence.

Some circumstances can escalate an assault charge, leading to harsher penalties. These factors are commonly considered in personal violence offences and can heavily influence sentencing. When present, they increase the likelihood of stricter punishments being imposed by the court. Examples include:

• Weapons – actual use or threatened use in the commission of the assault. This includes weapons such as knives, firearms, syringes, glasses or broken bottles
• Premeditation – Where premeditation or planning is a factor, the court will look to the degree of premeditation when determining the seriousness of the offence committed
• Unprovoked offence – Where the attack is unprovoked and unjustified
• Offence committed in company – Where the offence is committed in the company of others
• Vulnerable victim – Where the victim is vulnerable (for example, due to age, disability or occupation i.e. a service station attendant or bus driver or security officer)
• Commission of offence in victim’s home – for example during a robbery or where the accused has entered the property of the victim and then assaulted them
• Gratuitous cruelty – This is where the offence goes beyond just being violent in nature, it includes situations where the offender has gone beyond having no justification for causing pain. An example of gratuitous cruelty is found where the offender tortured the victim or the offender punches or kicks a pregnant woman in the stomach, causing a miscarriage. Another example of gratuitous cruelty was where a victim (who was 3) suffered 57 injuries including internal injuries and dehydration as well as bite marks
• Substantial harm – Where the injury, emotional harm, loss or damage caused by the offence was substantial, for example where the victim has suffered ongoing medical problems and not been able to work as a result of the assault
• Intoxication – Intoxication can be a result of either alcohol or drugs.

Other circumstances may reduce the severity of the sentence. These factors can influence the court to impose a lighter penalty, depending on the situation. Examples include:

• Injury or harm not being substantial – for example if the victim’s wounds are healed or were not substantial in the first place
• Provocation – where the offender was provoked by the victim into committing the offence
• Sexual assault
• Indecent assault
• Drug possession and supply
• Fraud charges
• Money laundering
• ASIC offences
• Insider trading
• Theft charges
• Shoplifting
• Firearms offences
• Land and Environment Court prosecutions
• Local Council prosecutions
• Local Court, District Court and Supreme Court trials including homicide charges.