Canberra & the ACT · Assault and violence
Assault charges in the ACT.
Assault charges run from a common assault with no injury to an assault that causes actual bodily harm. In the ACT they sit in the Crimes Act 1900, and most are dealt with in the Magistrates Court. The defences are often stronger than people expect, and self-defence is a complete answer.
- Common assault2 yearss 26 (aggravated 3)
- Assault occ. ABH5 yearss 24 (aggravated 7)
- CourtMagistrates CourtUsually summary
- DefenceSelf-defenceA complete answer
The ACT offences.
A common assault does not require any injury. It can be committed by applying force to another person, or by causing them to fear immediate unlawful force. Assault occasioning actual bodily harm requires an injury that is more than trifling, such as bruising, scratches or a lasting effect. The presence and degree of injury moves a matter between the two charges.
Penalties and where the matter is heard.
Common assault carries two years and is a summary matter heard in the ACT Magistrates Court. Assault occasioning actual bodily harm carries five years and, while indictable, is usually dealt with summarily in the Magistrates Court. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), and a non-conviction order under s 17 is available in the right case, which can protect employment and a security clearance.
Defences and issues that matter.
Self-defence.
Self-defence is a complete answer. Where the accused acted to defend themselves or another, and the response was reasonable in the circumstances as they perceived them, the prosecution must disprove self-defence beyond reasonable doubt.
Consent and lawful conduct.
Some contact is not unlawful, and consent can be relevant in defined situations. The context matters.
The injury and the account.
Whether an injury reaches actual bodily harm, and whether the account is supported by the medical and video evidence, are examined closely, because they decide the charge and the outcome.
How the matter is run.
Assault matters turn on the accounts, any injuries, and the body-worn video and CCTV. The work is to test self-defence, the degree of any injury, and the reliability of the complaint, and to keep a first offender out of a conviction where that is achievable. Many assault matters resolve well when the brief is tested and the subjective case is prepared properly.
Frequently asked.
Is common assault a serious charge in the ACT?
It carries up to 2 years under s 26 of the Crimes Act 1900 (ACT) and is heard in the Magistrates Court. It is less serious than assault occasioning actual bodily harm, but a conviction can still affect employment and travel, so it is worth defending properly.
What is actual bodily harm?
An injury that is more than trifling, such as bruising, scratches or a lasting effect. It does not have to be permanent. It is the injury that lifts a common assault to assault occasioning actual bodily harm under s 24.
Is self-defence a defence to assault in the ACT?
Yes, and it is a complete answer. If you acted to defend yourself or another and the response was reasonable in the circumstances as you saw them, the prosecution must disprove self-defence beyond reasonable doubt.
Can I avoid a conviction for assault in the ACT?
In the right case, yes. Under s 17 of the Crimes (Sentencing) Act 2005 (ACT) the court can deal with a matter without recording a conviction, weighing your circumstances and the seriousness of the offence.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019