Assault is a criminal offence across all Australian states and territories. It involves the unlawful use of force against another person, or the threat of force, without their consent. While definitions and penalties vary slightly between jurisdictions, the core concept remains consistent nationwide.
This guide provides an overview of:
Different types of assault offences
Examples and penalties
How charges are laid
The court process
Common legal defences
Legal support available by state
Common Assault – The intentional or reckless application of force or threat without consent.
Assault Occasioning Actual Bodily Harm (ABH) – Assault causing more than minor injuries, such as bruises or cuts.
Grievous Bodily Harm (GBH) – Serious injury, including broken bones or permanent disfigurement.
Reckless or Unlawful Wounding – Inflicting injury with or without a weapon.
Sexual Assault – Non-consensual sexual contact (covered separately under sexual offences).
Domestic Assault – Assault within a domestic or family setting, often with additional protections/orders.
Below is a breakdown of the traffic law process, courts, and legal resources across each Australian jurisdiction:
Key Legislation:
Crimes Act 1900 (NSW), Sections 59–61
Court Process:
Charge laid by NSW Police
Bail determination at first court appearance (Local Court)
If serious, referred to District Court
Examples & Penalties:
Punching someone during a dispute (common assault) – up to 2 years imprisonment
Hitting someone and causing bruising (ABH) – up to 5 years imprisonment
Stabbing with a knife (GBH or wounding) – up to 25 years imprisonment depending on the circumstances
Available Defences:
Self-defence
Defence of another
Accident
Duress
Mental illness
Legal Help:
Legal Aid NSW – www.legalaid.nsw.gov.au
Key Legislation:
Crimes Act 1958 (VIC), Sections 15–18
Court Process:
Charges filed by Victoria Police
Most cases start in Magistrates’ Court
Indictable offences go to County or Supreme Court
Examples & Penalties:
Spitting on someone (common assault) – up to 3 months imprisonment
Breaking someone’s jaw in a fight (GBH) – up to 20 years imprisonment
Defences:
Lawful correction (in limited contexts)
Consent (rarely successful)
Intoxication (partial defence in some cases)
Legal Help:
Victoria Legal Aid – www.legalaid.vic.gov.au
Key Legislation:
Criminal Code Act 1899 (QLD), Chapter 30
Court Process:
Complaint made to police, charge laid
Summary matters heard in Magistrates Court
Indictable cases referred to District/Supreme Court
Examples & Penalties:
Throwing a punch (common assault) – up to 3 years imprisonment
Using a weapon causing lasting harm (GBH) – up to life imprisonment
Defences:
Provocation (in limited cases)
Emergency or necessity
Insanity
Legal Help:
Legal Aid Queensland – www.legalaid.qld.gov.au
Key Legislation:
Criminal Code Act Compilation Act 1913 (WA), Part V
Court Process:
Charges initiated by WA Police
Initial appearance in Magistrates Court
District Court hears more serious matters
Examples & Penalties:
Pushing someone without injury (common assault) – up to 18 months imprisonment
Wounding with a bottle (unlawful wounding) – up to 10 years imprisonment
Defences:
Self-defence
Consent
Mental impairment
Legal Help:
Legal Aid WA – www.legalaid.wa.gov.au
Key Legislation:
Criminal Law Consolidation Act 1935 (SA)
Court Process & Examples:
Common assault – up to 2 years imprisonment
Causing serious harm – up to 20 years imprisonment
Aggravated assault (e.g., domestic setting or against vulnerable persons) carries heavier penalties
Defences:
Similar to NSW and VIC (self-defence, duress, mental incapacity)
Legal Help:
Legal Services Commission SA – www.lsc.sa.gov.au
Key Legislation:
Crimes Act 1900 (ACT)
Examples & Penalties:
Common assault – up to 2 years imprisonment
Assault occasioning ABH – up to 5 years imprisonment
Legal Help:
Legal Aid ACT – www.legalaidact.org.au
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
