Law Information - Assaults / Violence Offences - SA

Assault

Date: 09/01/2009

The Law -

You assault a person if you:

• intentionally make physical contact with a person, knowing they may object to that contact, or
• threaten, accost or impede another person, with or without physical contact.

The Maximum Penalty for Assault

The maximum penalty for a basic offence is 2 years imprisonment. If the offence is aggravated, the maximum penalty is 3 years imprisonment.

An offence is aggravated if you:

• deliberately and systematically inflicted severe pain on the victim
• used, or threatened to use, an offensive weapon
• committed the offence against a police or prison officer
• tried to dissuade a victim from participating in legal proceedings
• knew the victim was under 12 years of age
• knew the victim was over 60 years of age
• committed the offence against a former spouse/partner
• committed the offence against your child or a child of your former spouse/partner
• committed the offence in company with another person
• abused a position of trust or authority
• committed the offence against a disabled person
• committed the offence against a person who was vulnerable because of their employment, or
• committed the offence in contravention of a court order (eg a bail agreement or restraining order).

What the prosecution must prove - Assault

In order to be convicted of an assault it must be proved that:

• there was physical contact or a threat of some sort
• the act was done intentionally
• you did not have the consent of the other person, and
• the act was outside the boundaries normal of social interaction.

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Possible Defences - Assault

You may have a defence to the charge if:

• your conduct is accepted in the community as normal social interaction
• the other person consented to your behaviour
• you were acting in self-defence, defence of another or defence of property
• your action was unintentional (for example an accident or an automatism)
• you had a lawful excuse, or
• you had a mental impairment.

Even if it seems that none of the above defences apply to your case, Caldicott & Co solicitors may be able to have your charge withdrawn. For further information and advice please make an appointment with one of the criminal law specialist solicitors at Caldicott & Co.

The Court process - Assault

An assault is a summary offence and will be dealt with in the Magistrates Court of South Australia. A trial by jury is not possible unless it is joined with a major indictable offence or you elect to be prosecuted in the District Court of South Australia.

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