Assaults and violent offences can be heard in the Magistrates Court or Supreme Court of Tasmania. These offences include a wide range of conduct and charges.
An assault can can occur in three ways
An assault is only an offence if it is an unlawful assault. For example, a police office who is lawfully arresting another person is committing an assault because they are applying force to the arrested person. However, it is not unlawful because they are acting lawfully as a police office. Other examples include where someone is acting in self-defence.
Other offences and crimes include: murder, manslaughter, strangulation, causing grievous bodily harm, wounding, aggravated assault, robbery, demanding property with menaces, carjacking and many others.
There are a range of potential defences for an assault charge. Whether or not a defence will be successful depends on the circumstances of the case, and the following information is of general application. It is important to get legal advice about a defence soon after being charged.
A person is justified in using, in defence of himself or another person, such force as, in the circumstances as he believes them to be, it is reasonable to use.
It is possible to consent to being assaulted. One typical example is in contact sport such as Australian Rules Football where some level of force is allowed by the rules of the game. There are a number of situations that will prevent consent being used as a defence.
A person is sometimes justified in using force to remove a person who is trespassing on a person's property or committing another crime or being disorderly.
Any person who is justified in making an arrest is able to use reasonable force to overcome any resistance to that arrest.
A person is entitled to perform surgery on another person if they use reasonable skill and care, and it is with the person's consent and for their benefit.
If a person is charged under the Criminal Code, the maximum penalty for assault is 21 years imprisonment. If a person is charged in the Magistrates Court, a single count of assault for someone without prior convictions is 12 months, or 2 years if committed in circumstances of aggravation. However, maximum penalties are rarely relevant for assault cases and other penalties like fines, convictions, community service or supervision orders are much more common.
A court will take into account the circumstances of the offence, a person's personal circumstances and criminal history, the seriousness of the assault and a range of other considerations when deciding on the appropriate penalty. It is typically a good idea to be represented for an assault, particularly if you believe that you have a defence.
I can provide you with advice about your charge and the potential defences that might apply in your situation. I can appear for you at each court appearance including at the hearing of the case if you plead not guilty. Because I am both a barrister and solicitor, I can handle the case for you from start to finish. If you would like to discuss an assault case with me please get in touch to discuss it and my costs. My first appointment is free of charge.
Legal Aid is often available for people who are charged with assault, particularly if it is a serious assault allegation. I take on Legal Aid cases and can apply for aid and represent you from start to finish. Read more about Legal Aid funding here.
Please fill in the form below if you would like us to give you a call to discuss your situation.
You can expect a reply within one business day.
