Common Assault
Under section 61 of the Crimes Act 1900, it is a criminal offence to assault a person, although not occasioning actual bodily harm.
The term “Common Assault” is not defined under the legislation, however, generally occurs when a person, intentionally or recklessly, inflicts unlawful force on another person, or makes threats of immediate violence, causing the victim to fear imminent harm.
Maximum Penalty:
The maximum penalty for common assault in the Local Court is 2 years imprisonment and/or a $5,500 fine, and in the District Court, it is 2 years imprisonment.
Assault Occasioning Actual Bodily Harm (ABH)
Under section 59 of the Crimes Act 1900, an assault occasioning actual bodily harm occurs when a person unlawfully assaults another, causing actual bodily harm.
Actual bodily harm includes any injury that is more than transient or trifling (e.g., bruises, cuts) but does not extend to causing permanent disfigurement, serious injury, or bodily disease.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Assault occasioning actual bodily harm | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
| Actual bodily harm whilst in company of others | 2 years imprisonment and/or $5,500 fine | 7 years imprisonment |
Assaults and other actions against police officer
Under section 60 of the Crimes Act 1900, it is a criminal offence to assault, hinder or resist a police officer in the execution of the officer’s duties.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard non-parole period |
| Hinder/rest a police officer in the execution of their duties | 12 months imprisonment and/or $2,200 fine | Not applicable | Not applicable |
| Assault/harass/intimidate/stalk police officer in the execution of their duties | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment | Not applicable |
| Assault/harass/intimidate/stalk police officer in the execution of their duties during a public disorder | 2 years imprisonment and/or $5,500 fine | 7 years imprisonment | Not applicable |
| Assault and cause Actual Bodily Harm to a police officer in the execution of their duties | 2 years imprisonment and/or $11,000 fine | 7 years imprisonment | 3 years imprisonment |
| Assault and cause Actual Bodily Harm to a police officer in the execution of their duties during public disorder | 2 years imprisonment and/or $11,000 fine | 9 years imprisonment | Not applicable |
| Assault and cause grievous bodily harm to a police officer in the execution of their duties | Not applicable | 12 years imprisonment | 5 years imprisonment |
| Assault and cause grievous bodily harm to a police officer in the execution of their duties during public disorder | Not applicable | 14 years imprisonment | Not applicable |
| Murdering a police officer in the execution of their duties | Not applicable | Mandatory life sentence (term of persons natural life) | Not applicable |
Reckless Grievous Bodily Harm or Wounding
Under section 35 of the Crimes Act 1900, it is a criminal offence to recklessly inflicting grievous bodily harm (GBH) or wounding another person.
Wounding is not defined under the legislation, however, means the breaking open of the skin and involves more than a scratch, scrape or bruise.
Grievous bodily harm is defined under the legislation as meaning:
- The destruction (other than in the course of a medical procedure) of the foetus of a pregnant women, whether or not the woman suffers any harm, or
- Any permanent or serious disfigurement of a person, or
- Causing another person to contract any grievous bodily disease.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard non-parole period |
| Recklessly inflict grievous bodily harm | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment | 4 years imprisonment |
| Recklessly inflict grievous bodily harm in company | 2 years imprisonment and/or $11,000 fine | 14 years imprisonment | 5 years imprisonment |
| Recklessly wound another | 2 years imprisonment and/or $11,000 fine | 7 years imprisonment | 3 years imprisonment |
| Recklessly wound another in company | 2 years imprisonment and/or $11,000 fine | 10 years imprisonment | 4 years imprisonment |
Wounding or Grievous Bodily Harm with Intent
Under section 33 of the Crimes Act 1900, a person commits a criminal offence if they cause grievous bodily harm (GBH) or wounding to another person with an intent to cause that harm.
Wounding is not defined under the legislation, however, means the breaking open of the skin and involves more than a scratch, scrape or bruise.
Grievous bodily harm is defined under the legislation as meaning:
- The destruction (other than in the course of a medical procedure) of the foetus of a pregnant women, whether or not the woman suffers any harm, or
- Any permanent or serious disfigurement of a person, or
- Causing another person to contract any grievous bodily disease.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the District Court | Maximum penalty that can be imposed by the Supreme Court | Standard non-parole period |
| Wound another person with an intent to cause grievous bodily harm | Not applicable | 25 years imprisonment | 7 years imprisonment |
| Cause grievous bodily harm to another person with intent to cause grievous bodily harm | Not applicable | 25 years imprisonment | 7 years imprisonment |
| Wound another person with intent to resist arrest | Not applicable | 25 years imprisonment | 7 years imprisonment |
| Cause grievous bodily harm to another person with intent to resist arrest | Not applicable | 25 years imprisonment | 7 years imprisonment |