About Serious Assault
Learn more about serious assault charges in WA.
When you're ready make a quick enquiry.
- Our Process
- The Law
- Possible Defences
- Possible Outcomes
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
Serious Assault
Criminal code offence
Section 318
Any person who assaults:
- a public officer who is performing a function of his or her office or employment or on account of him or her being an officer or performing that function; or
- any person who is performing a function of a public nature conferred on that person by law or on account of their performance of such a function; or
- a person who is aiding or has aided a public officer ; or
- the driver or person operating or in charge of a vehicle travelling on a railway, ferry or taxi; or
- an ambulance officer, member of a FES Unit, SES Unit or VMRS Group; or
- a member or officer of a private fire brigade or volunteer fire brigade who is performing his or her duties; or
- a person working in a hospital or in the course of providing a health service to the public; or
- a contract worker who is providing court security services or custodial services; or
- a contract worker who is performing functions under the Prisons Act,
is guilty of a crime.
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - Means an assault is unlawful unless it is authorised or justified or excused by law.
- ‘Assaults’ - An assault is when a person touches or applies any kind of force to another person, directly or indirectly without his consent. An assault also occurs if a person, by any bodily act or gesture attempts or threatens to apply force of any kind to another person without his consent.
- ‘Applies force’ - can include applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
- ‘Public Officer’ - The term public officer means any of the following —
- a Police officer;
- Minister of the Crown;
- Parliamentary Secretary appointed;
- a member of either House of Parliament;
- a person exercising authority under a written law such as a person authorised to execute or serve any court or tribunal process;
- a public service officer or employee within the meaning of the Public Sector Management Act 1994;
- a person who holds a permit to do high-level security work, as defined in the Court Security and Custodial Services Act 1999;
- a person who holds a permit to do high-level security work as defined in the Prisons Act 1981;
- a member, officer or employee of any authority, board, corporation, commission, local government, council of a local government, council or committee or similar body;
- any other person holding office under, or employed by, the State of Western Australia, whether for remuneration or not.
What the Police & Prosecution must prove in court to secure a serious assault criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- They must prove that the accused assaulted another person;
- They must prove that the complainant falls within the defined terms of a public officer or other officer as specified in the offence description.
- They must prove that the assault occurred as a result of the public officer performing his or her duties; or that the assault occurred as a result of the public officer holding that function.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- DNA or forensic data such as fingerprints may be used depending on the circumstances.
- CCTV footage is used where is it available to the Police.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
If we can prove one of these defences together...
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Accident
A person is not criminally responsible for an event which occurs by accident. If it can be shown that striking, touching or whatever action is alleged to be the assault, was an accident, then the accused may not be criminally responsible.
Insanity
Is a defence only in very rare circumstances. The usual process when a person indicates a defence of insanity is an assessment of their mental state and admission into psychiatric/mental health facilities for an indeterminable amount of time.
Intoxication - Not a defence
Where a person believes there is a threat and the threat will be carried out and to prevent the threat from being carried out, they commit the offence.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
What’s taken into account if you’re found guilty...
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
A person who assaults a public officer or officer as described by the Act is liable if sentenced by a Judge in the District Court to a penalty of imprisonment up to 7 years.
Alternatively if the matter is heard summarily, the offender may be liable to imprisonment for up to 3 years.
If the assault occurs with a dangerous weapon or if the offender is accompanied by another person, the offence is aggravated and the offender becomes liable to be sentenced by a Judge in the District Court to a term of imprisonment up to 10 years.
If the offender is over the age of 18 years and has been convicted of this offence in the prescribed circumstances and was either in company of another or armed with a dangerous weapon at the time of the offence; that person must be sentenced to AT LEAST 9 month’s immediate imprisonment. That term of imprisonment cannot be suspended.
If the offender is over the age of 18 years and has been convicted of this offence in the prescribed circumstances they must be sentenced to AT LEAST 6 month’s immediate imprisonment. That term of imprisonment cannot be suspended.
“prescribed circumstances” are circumstances where the assault occurs against a public officer who is either—
- A police officer;
- A prison officer;
- A person appointed under the Young Offenders Act 1981;
- A security officer as defined in the Public Transport Authority Act 2003;
- an ambulance officer, member of a FES Unit, SES Unit or VMRS Group; or
- a member or officer of a private fire brigade or volunteer fire brigade who is performing his or her duties; or
- a person working in a hospital or in the course of providing a health service to the public; or
- a contract worker who is providing court security services or custodial services; or
- a contract worker who is performing functions under the Prisons Act,
AND the officer suffers bodily harm - The term bodily harm means any bodily injury which interferes with health or comfort of a person.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be just part of the sentence you receive for the offence. You may be handed a fine by the court when found guilty of serious assault.
The maximum fine for a serious assault is: $36,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
Our Process
FreePhone case assessment
Let’s talk about your situation confidentially. We will discuss the alleged assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with our assault lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible outcome based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with confidence in your criminal lawyer, sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like the team to act on your behalf to represent you through the process.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
The Law
Serious Assault
Criminal code offence
Section 318
Any person who assaults:
- a public officer who is performing a function of his or her office or employment or on account of him or her being an officer or performing that function; or
- any person who is performing a function of a public nature conferred on that person by law or on account of their performance of such a function; or
- a person who is aiding or has aided a public officer ; or
- the driver or person operating or in charge of a vehicle travelling on a railway, ferry or taxi; or
- an ambulance officer, member of a FES Unit, SES Unit or VMRS Group; or
- a member or officer of a private fire brigade or volunteer fire brigade who is performing his or her duties; or
- a person working in a hospital or in the course of providing a health service to the public; or
- a contract worker who is providing court security services or custodial services; or
- a contract worker who is performing functions under the Prisons Act,
is guilty of a crime.
Elements of the offence
- ‘A person’ - Means an individual
- ‘Unlawfully’ - Means an assault is unlawful unless it is authorised or justified or excused by law.
- ‘Assaults’ - An assault is when a person touches or applies any kind of force to another person, directly or indirectly without his consent. An assault also occurs if a person, by any bodily act or gesture attempts or threatens to apply force of any kind to another person without his consent.
- ‘Applies force’ - can include applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
- ‘Public Officer’ - The term public officer means any of the following —
- a Police officer;
- Minister of the Crown;
- Parliamentary Secretary appointed;
- a member of either House of Parliament;
- a person exercising authority under a written law such as a person authorised to execute or serve any court or tribunal process;
- a public service officer or employee within the meaning of the Public Sector Management Act 1994;
- a person who holds a permit to do high-level security work, as defined in the Court Security and Custodial Services Act 1999;
- a person who holds a permit to do high-level security work as defined in the Prisons Act 1981;
- a member, officer or employee of any authority, board, corporation, commission, local government, council of a local government, council or committee or similar body;
- any other person holding office under, or employed by, the State of Western Australia, whether for remuneration or not.
What the Police & Prosecution must prove in court to secure a serious assault criminal conviction
- The onus is always on the Prosecution to prove the elements of the offence.
- The Prosecution for this offence will be the WA Police or the Office of the Director for Public Prosecutions (ODPP), “State Lawyers”.
- This type of offence is called an either way offence. This means that it can be dealt with by Police and a Magistrate in the Magistrates Court or the State lawyers and a Judge in the District Court.
- The Police Prosecutions or State lawyers must prove the elements of the offence beyond a reasonable doubt. This is the highest standard of proof known to the law, although it is not unreachable.
- They must prove that the accused assaulted another person;
- They must prove that the complainant falls within the defined terms of a public officer or other officer as specified in the offence description.
- They must prove that the assault occurred as a result of the public officer performing his or her duties; or that the assault occurred as a result of the public officer holding that function.
How they might prove this
- The Prosecution may rely upon witness statements from witnesses, Investigating Officers, Police Officers, civilian witnesses and the complainant.
- DNA or forensic data such as fingerprints may be used depending on the circumstances.
- CCTV footage is used where is it available to the Police.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
Possible Defences
If we can prove one of these defences together
- There could be no criminal conviction recorded.
- You could have charges dropped before your court date.
- You could have the case thrown out of court.
- You could be found innocent in court.
Accident
A person is not criminally responsible for an event which occurs by accident. If it can be shown that striking, touching or whatever action is alleged to be the assault, was an accident, then the accused may not be criminally responsible.
Insanity
Is a defence only in very rare circumstances. The usual process when a person indicates a defence of insanity is an assessment of their mental state and admission into psychiatric/mental health facilities for an indeterminable amount of time.
Intoxication - Not a defence
Where a person believes there is a threat and the threat will be carried out and to prevent the threat from being carried out, they commit the offence.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
Possible Outcomes
What’s taken into account if you’re found guilty
- The circumstances of the assault
- Your criminal history
- If you are a person of good character
- Your personal life and mental health
- If you show remorse
Prison sentence
A person who assaults a public officer or officer as described by the Act is liable if sentenced by a Judge in the District Court to a penalty of imprisonment up to 7 years.
Alternatively if the matter is heard summarily, the offender may be liable to imprisonment for up to 3 years.
If the assault occurs with a dangerous weapon or if the offender is accompanied by another person, the offence is aggravated and the offender becomes liable to be sentenced by a Judge in the District Court to a term of imprisonment up to 10 years.
If the offender is over the age of 18 years and has been convicted of this offence in the prescribed circumstances and was either in company of another or armed with a dangerous weapon at the time of the offence; that person must be sentenced to AT LEAST 9 month’s immediate imprisonment. That term of imprisonment cannot be suspended.
If the offender is over the age of 18 years and has been convicted of this offence in the prescribed circumstances they must be sentenced to AT LEAST 6 month’s immediate imprisonment. That term of imprisonment cannot be suspended.
“prescribed circumstances” are circumstances where the assault occurs against a public officer who is either—
- A police officer;
- A prison officer;
- A person appointed under the Young Offenders Act 1981;
- A security officer as defined in the Public Transport Authority Act 2003;
- an ambulance officer, member of a FES Unit, SES Unit or VMRS Group; or
- a member or officer of a private fire brigade or volunteer fire brigade who is performing his or her duties; or
- a person working in a hospital or in the course of providing a health service to the public; or
- a contract worker who is providing court security services or custodial services; or
- a contract worker who is performing functions under the Prisons Act,
AND the officer suffers bodily harm - The term bodily harm means any bodily injury which interferes with health or comfort of a person.
A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.
If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.
Fine
A fine is an amount of money that a judge, magistrate or justice of the peace in court may order you to pay as a penalty for committing an offence. A fine may be just part of the sentence you receive for the offence. You may be handed a fine by the court when found guilty of serious assault.
The maximum fine for a serious assault is: $36,000.00
Your solicitor can assist you in terms of ensuring you recieve the lowest fine possible through a process of mitigation.
If a court imposes a fine on you, you have 28 days to pay that fine and any court costs that were also ordered to be paid. The total amount of fine and costs is referred to as your “fine” when it comes to payment and enforcement of payment.
Not Guilty
If you are found not guilty, the charge will be dismissed, there will be no penalties and you are free to go.
If you have incurred any specific costs associated with your trial, including your legal fees, your legal team can ask the court to consider them. The court may order that you be reimbursed.
Being found not guilty means that no conviction will be recorded on your criminal record.
Charges Dropped
Our lawyers will relentlessly fight to have your charges dropped if it is clear that there is a suitable legal route to do so. For clients this is the best possible outcome.
Only the prosecution can drop charges, against popular belief that it is possible for the victim to do so.
For this to occur, it's vital you seek legal advice urgently to allow your lawyer enough time to take steps to have charges dropped.
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with serious assault.
- Past Cases
- Good Results
- Happy Clients
