The Criminal Code WA provides for a number of assault and violence offences, including:

  • Common Assault
  • Assault Occasioning Bodily Harm
  • Wounding
  • Grievous Bodily Harm
  • Manslaughter
  • Murder

Each of these can be further exacerbated by being deemed to have occurred in ‘circumstances of aggravation”, which is defined in the Criminal Code and provides for heftier penalties if proven.

An assault at its most basic is defined as “an application of force to another person without their consent”. Circumstances surrounding an incident can exacerbate or lessen an accused’s culpability in relation to an alleged offence of assault. Our lawyers can advise and review your case to identify any factors which may lessen or reduce your culpability if you have been charged with an assault or violence offence.

If you are alleged to have assaulted someone, the court may take into consideration:

  • The damage suffered by the victim or complainant;
  • The circumstances in which the incident occurred;
  • Any admissions made at the time of arrest; and
  • The intentions of the parties at the time of the incident.

Penalties vary depending on which charges and how many charges you are facing, with reference to any history of violence and the circumstances in which the incident occurred.

Our office can assist in preparing a defence and bringing your matter to trial, identifying viable legal defences, making a Plea in Mitigation on your behalf and, if appropriate, making an application for a spent conviction order.

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For more information, get in touch with our team of lawyers at Dwyer Durack today.