| Key Summary: The difference between common vs aggravated assault in WA is outlined in the Criminal Code Act Compilation Act 1913, where common assault (section 318) involves threats or minor harm, with penalties reflecting the lower severity. Aggravated assault (section 318(2)) involves additional aggravating factors—such as the use of weapons, serious injury, or assault on vulnerable victims—that increase the risk of harm, leading to harsher penalties, up to 14 years. |
In Western Australia, the distinction between “common assault” and “aggravated assault” is clearly outlined in the Criminal Code Act Compilation Act 1913. Both offences involve unlawful physical contact or threats of harm, but the law differentiates between them based on the severity of the assault and the presence of aggravating factors.
The legal consequences for each vary significantly, with aggravated assault carrying much higher penalties due to the additional harm caused or the presence of circumstances like weapon use or victim vulnerability. Understanding these distinctions is crucial for anyone facing charges or involved in legal proceedings in this area.
Breaking Down the Key Definitions Between Common and Aggravated Assault According to WA Law
What is Common Assault?
Under section [318] of the Criminal Code, common assault occurs when a person intentionally or recklessly causes another person to fear imminent bodily harm or makes physical contact without consent. Common assault does not result in significant injury to the victim but is still considered a criminal offence.
- Punishment: The penalty for common assault is up to 3 years’ imprisonment, a fine up to $36,000, or both. The severity of the sentence depends on the context and circumstances surrounding the offence.
What is Aggravated Assault?
Aggravated assault is a more serious offence, typically involving additional factors such as the use of a weapon, bodily harm to the victim, or assault against certain protected individuals (e.g., police officers or public servants). Under section [318(2)] and related sections, aggravated assault includes any assault that causes bodily harm, involves dangerous weapons, or occurs in severe circumstances.
- Punishment: Aggravated assault carries more severe penalties due to the increased risk and harm. Depending on the nature of the injury and whether the offence was premeditated or involved aggravating factors like the victim’s vulnerability, penalties can include up to 14 years’ imprisonment.
Key Differences Between Common and Aggravated Assault
| Aspect | Common Assault | Aggravated Assault |
| Definition | Unlawful force or threat of force | Same conduct, but with aggravating circumstances |
| Aggravating Factors | None required | Present (e.g., victim’s age, domestic violence, weapon) |
| Penalty | Up to 18 months’ imprisonment or $18,000 fine | Up to 3 years’ imprisonment or $36,000 fine |
When Does Common Assault Become Aggravated?
Common assault in Western Australia is classified as aggravated when specific circumstances make the offence more serious under the law. These circumstances, often referred to as “circumstances of aggravation”, increase the impact on the victim or community and lead to harsher penalties.
Key specific circumstances that make common assault aggravated include:
- The offender being in a family or domestic relationship with the victim
- A child being present during the assault
- The assault constituting a breach of a restraining order (such as a Violence Restraining Order)
- The victim being 60 years of age or older
- The assault being racially motivated, involving hostility due to the victim’s race
- The offender being in company with others during the assault
- The assault causing bodily harm to the victim
- The offence occurring in front of a child
- The assault being committed against vulnerable individuals (children, elderly, or disabled persons)
- The use or possession of a weapon during the assault
- The assault occurring in certain legal contexts (e.g., during another crime or involving public officers)
When any of these factors exist, the assault is legally considered aggravated, carrying increased penalties such as up to 3 years’ imprisonment and a $36,000 fine. In comparison, common assault without aggravation carries a maximum of 18 months’ imprisonment and a $18,000 fine.
This distinction underscores the seriousness with which the law treats assaults involving vulnerable victims, breaches of legal protections, or those aggravated by weapons or groups.
Conclusion
The difference lies in the seriousness of the assault and the circumstances surrounding it. Aggravated assault involves more severe actions or harm compared to common assault, which is less serious in terms of injury but still a criminal offence.
Frequently Asked Questions
What are the specific legal elements that distinguish common assault from aggravated assault in WA?
The distinction between common assault and aggravated assault in Western Australia is based on the presence of aggravating factors that make the assault more serious. While both offences involve the same basic conduct (unlawful force or threat of force), aggravated assault is escalated by certain circumstances, such as:
- The victim’s vulnerability (e.g., being elderly, a child, or disabled)
- The use of a weapon during the assault
- The assault occurring in a domestic violence context or in breach of a restraining order
- The assault causing bodily harm to the victim
These aggravating factors lead to a more severe penalty and higher moral culpability compared to common assault.
Why are penalties for aggravated assault more severe than for common assault?
Penalties for aggravated assault in Western Australia are more severe than for common assault due to the increased risk and harm posed by aggravating circumstances. Aggravated assault typically involves:
- Vulnerable victims such as children, the elderly, or those with disabilities
- Weapon use, which raises the potential for significant harm
- Breach of legal protections, such as violence restraining orders
- The assault occurring in a domestic or family relationship setting
These circumstances amplify the danger to the victim and the potential for long-term damage, justifying harsher penalties, which can include up to 14 years’ imprisonment or higher fines, depending on the specifics of the case.
How do the legal defences differ between common and aggravated assault in WA?
While common defences apply to both common and aggravated assault, the presence of aggravating factors in aggravated assault can make these defences more complex. Common defences include:
- Self-defence (if the defendant can prove their actions were necessary to protect themselves or others)
- Duress (if the defendant acted under threat of harm)
- Provocation (if the defendant was provoked, but the response was proportionate)
- Mistaken identity (if the accused was not the person who committed the assault)
In the case of aggravated assault, the prosecution must prove the aggravating factors beyond a reasonable doubt. Defendants charged with aggravated assault may need to directly address or challenge these factors, such as questioning the presence of a weapon or the existence of a restraining order. Legal representation is crucial in these cases, as the severity of the offence and the penalties involved often require more detailed and rigorous defence strategies.
