Law Information - Assaults / Violence Offences - SA

Assault

Date: 01/09/2009

The Law -

Assault is committed if there is any intentional, unwanted physical contact applied to another or threat of this, however slight. For example, punching a person or poking someone with an object. This can be direct or indirect. For example, if because of an assault on her, a woman drops the child she is carrying, it is too an assault on the child.

It is not necessary that a person make physical contact to be guilty. If the victim reasonably believes that the person can carry out the threat made or there is a real possibility that they will (for example, if a person points a gun at someone or produces a knife or threatens to stab), an assault may be proved to have occurred. The threat can be made by words or conduct. Similarly making verbal threats, whether or not accompanied by threatening gestures such as shaking a fist at a person, may also constitute an assault. An assault can also occur when a person accosts or impedes another in a threatening manner.

A distinction is made for behaviour that falls within the limits of what would be accepted as normal social interaction. Such behaviour does not constitute assault. Also any conduct that is justified or excused by law, is not an assault. [Criminal Law Consolidation Act 1935 s20]

The Maximum Penalty for Assault

Basic offence: up to two years imprisonment (non-aggravated offence)
Aggravated offence: up to four years imprisonment

What the prosecution must prove - Assault

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Possible Defences - Assault

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The Court process - Assault

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