In South Australia, there are many difference offences that can fall under the general banner of ‘assault’. They range significantly in seriousness and maximum penalties. At the lower end of the range is basic assault, and at the upper end of the range is causing serious harm intending to cause serious harm. 

At its core, an assault is an intentional application of force by one person to another. 

For the different offences of assault, there are different (albeit similar) elements of the offence. 

For example, a basic assault can require an intentional application of force to the victim without their consent; or a threat by words or conduct; or that the defendant accosts or impedes the victim in a threatening manner. A basic assault, therefore, can take the form of a punch or kick, a threat to punch or kick (with the reasonable grounds for the victim to believe the threat be acted upon), or rushing at the victim in a threatening manner. Basic assault carries with it a maximum penalty of two (2) years’ imprisonment. The penalty for basic assault usually also includes a conviction (that is, a criminal record). 

A basic assault can become an aggravated assault if an aggravating feature is present. Aggravating features include: if the victim is in a relationship with the defendant, the use of a weapon, the age of the victim being over 60, or if the offence is committed in company with another person. When a basic assault becomes an aggravated assault, the maximum penalty increases to three (3), four (4), or five (5) years’ imprisonment depending on the particular aggravating feature. 

On the other end of the spectrum, causing serious harm with intent to cause serious harm carries with it a maximum penalty of 25 years’ imprisonment for an aggravated offence. ‘Serious harm’ is harm that endangers a person’s life, results in serious and protracted impairment of physical or mental function, or results in serious disfigurement. This is an offence that, as the maximum penalty suggests, is close in seriousness to an offence of attempted murder. As the name of this offence suggests, intending to cause this level of harm is required in this offence. Being charged with an offence of causing serious harm with intent to cause serious harm can lead to a refusal of bail, a penalty that includes an immediate term of imprisonment, and a lengthy period on parole. 

Despite the difference in maximum penalty, all charges of assault can result in serious consequences. It is important to ensure you get advice from an expert criminal lawyer when dealing with any form of assault charge. At Craig Caldicott Lawyers, our solicitors have the experience and expertise to deal with all levels of assault charge. 

Written by solicitor Nathan Ramos