Assault and Sexual Assault
If you (or someone you care about) have been charged with a serious offence such as Assault or Sexual Assault, it is important that you keep a level head, and seek the best advice possible. The names you see under our lawyers tab above are our experienced practitioners in this area. They will help you through the process, tell you what to expect and what you will need to do. Their aim – the best result possible.
Assault
Assault generally includes battery although assault and battery are separate crimes. An assault is any act which intentionally or recklessly causes another person to apprehend immediate unlawful violence. An assault can be committed without touching another person. The act must be a hostile one. An assault can be committed recklessly where the accused foresees the likelihood of inflicting injury or fear and ignores the risk.
Battery is the intentional or reckless application of direct force to the person of another. It must be made in an angry, revengeful, rude, insolent, or hostile manner.
Common assault carries a maximum penalty of two years jail. Assault occasioning actual bodily harm carries five years. When, maliciously inflict grievous bodily harm with intent, is charged there must be specific intent. The penalty for maliciously inflicting grievous bodily harm is seven years.
It is an offence to resist or wilfully obstruct police in the execution of their duty, punishable by imprisonment for a maximum period of 5 years. For the offence of assaulting, stalking or intimidating a police officer in the execution of his duty where no actual bodily harm is inflicted the maximum penalty is five years. Where a police officer is assaulted in the execution of his duty and he suffers actual bodily harm the maximum penalty is five years and the standard non-parole period is three years. For the offence of malicious wounding or inflicting grievous bodily harm on a police officer whilst in the execution of his duty, the maximum penalty is 12 years.
It is an offence to possess, use, attempt or threaten to use an offensive weapon with intent to commit an indictable offence or to prevent or hinder the arrest of any person or any investigation. The maximum penalty is 12 years or if a company, 15 years. It is an offence to shoot at or attempt to discharge a loaded firearm at any person with intent to resist the lawful arrest of any person. Penalty is 25 years.
Sexual Assault
Sexual intercourse constitutes oral sex, anal sex, insertion of objects and continuation of any of the above.
Aggravated sexual assault occurs where:
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the offender maliciously inflicts actual bodily harm on the victim or any other person who is present or nearby at the time of, immediately before or immediately after sexual assault; or
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the offender threatens the victim or any person present or nearby with an offensive weapon or instrument; or
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the victim is under the age of 16; or
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the victim is under the authority of the offender; or
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The victim has serious physical or intellectual disability.
The maximum penalty for aggravated sexual assault is 20 years with a standard non-parole period of 10 years. Sexual assault is having sexual intercourse with a person without their consent and knowing that they are not consenting. Reckless indifference will suffice. The test is an entirely subjective one.
Non consensual sexual intercourse amounts to sexual assault. For sexual assault the maximum penalty is normally 14 years and carries a standard non-parole period of seven years. An attempt to commit this offence earns the same penalty as the offence.
Children
A person who has sexual intercourse with a child under 10 is liable for 20 years imprisonment. A person who has sexual intercourse with a child between 10 and 14 years old is liable for 16 years imprisonment. If it constitutes aggravated sexual assault the penalty is 20 years (section 66C(2). A person who has sexual intercourse with a child between the ages of 14 and 16 is liable for a penalty of 10 years. If it constitutes aggravated sexual assault the penalty is 12 years i.e. where the offender maliciously inflicts actual bodily harm on the victim or any other person who is present or nearby.
A person who has homosexual intercourse with a child under 10 years is liable to imprisonment for 25 years.
Assault and Sexual Assault Articles
Criminal Law - Child Abuse
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
There is no exact figure as to how many children in Australia are suffering from child abuse. But one thing is for sure, it is heart-breaking. It is a complex issue that is all too often ignored. Child abuse is a situation where a child suffers significant harm from an injury caused by the child’s parent or guardian. This can take the form of emotional, mental or physical abuse.
Criminal Law - Fatal Child Neglect
Date: November 16, 2011
Author(s): Angelita Manlangit LL.B.
Child neglect should never be taken lightly, because often enough, it can lead to the death of a child. Fatal neglect is defined as the death of a child as a result of inadequate care. As a result, the child suffers from extreme conditions of deprivation, such as malnutrition and inadequate health care.
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - GBH - Grevious Bodily Harm
Date: August 12, 2009
Author(s): LAC Lawyers
These offences are in effect a more serious assault. To have committed these offences what is required is an act of malice that causes the wound or the grievous bodily harm. Such an act would, however, in the ordinary course constitute an assault as well.
Criminal Law - Sports Law
Date: July 04, 2009
Author(s): LAC Lawyers
Tom, an A grade soccer player, had been charged with having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. A plea of "not guilty" had been entered and the player had a strong defence case. At law there is a “presumption of innocence” in such matters.
Criminal Law, Sports Law - Appeal against Football Federation of Australia determination on sanctions against players
Date: May 26, 2009
Author(s): LAC Lawyers
Tom, an A grade representative soccer player, had been charged under Section 66C(1) of the Crimes Act 1900(NSW) being the offence of having sexual intercourse with a person between the ages of 10 and 14. At the time he was 18. This happened in January 2008 and the matter was only listed for committal hearing in October 2009. A plea of “not guilty” had been entered and the player had a strong defence case. As is commonly known there is a “presumption of innocence” in such matters.
Criminal Law - Have you been charged with assaulting police?
Date: April 03, 2009
Author(s): LAC Lawyers
It has been a long week at work, you decide to unwind and have a couple of beers at your local pub. Unfortunately you don’t know when to stop as you’re having a great time but are annoying some of the patrons at the same time. The management ask you to leave and you refuse.
Criminal Law - Affray
Date: December 08, 2008
Author(s): LAC Lawyers
The legislation introducing the offence of Affray into the Crimes Act in 1988, was prompted, among other things, by the difficulties for the prosecuting of the persons involved in the lengthy trials arising out of the clash between outlaw motor cycle clubs at the Viking Tavern, Milperra in September 1984 (“the Milperra Massacre’) and the clash between spectators and Police at Mount Panorama, Bathurst in April 1985 (‘the Bathurst riots’), which had attempted a prosecutions under the then common law offence of affray.
Criminal Law - Does a threat equal an assault?
Date: December 01, 2008
Author(s): LAC Lawyers
Criminal Law - Self Defence
Date: December 01, 2008
Author(s): LAC Lawyers
Self defence is an issue that needs to be disproved by the Crown beyond reasonable doubt. Normally a defence will apply once the Crown has proved its case to excuse the actions of the accused. However, if the Crown cannot disprove self defence then the accused is entitled to an acquittal.
Criminal Law - Child Pornography
Date: January 15, 2008
Author(s): LAC Lawyers
It is a serious offence to possess or disseminate child pornography. Possession of child pornography is punished by up to 5 years imprisonment and dissemination by up to 10 years.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - How Serious Are AVOs (New South Wales)
Date: October 12, 2006
Author(s): Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
There is a strong desire on the part of the legislature to reduce the incidence of, and provide protection to, the victims of domestic violence. Apprehended violence orders and bail are the main vehicles chosen to provide this protection. These provisions are fundamentally in aid of the prosecution.
Criminal Law - Slavery and/or Sexual Servitude
Date: August 01, 2006
Author(s): LAC Lawyers
Slavery in Australia has been a criminal offence since 1824 due to the application of the Slave Trade Act 1824. In 1999, the Criminal Code Amendment (Slavery and Sexual Servitude) Act 1999 was enacted.
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.
Employment Law - Bullying - Adults in the schoolyard
Date: September 26, 2005
Author(s): LAC Lawyers
The idea of bullying has long been associated with naughty children in a schoolyard. But in recent years, there has been increased awareness and recognition in Australia that adults can be bullies too. Nowhere is this notion more alive than in the workplace, where high stress levels and hierarchies create a framework for day to day life.