Written by
Peter Maley
Director - Criminal Lawyer
Law Information - Assaults / Violence Offences - NT
Common Assault and Aggravated Assault
Date: 01/01/2011
The Law -
The offence of assault involves the direct or indirect application of force to a person without their consent or an attempt or threatened use of such force. The term "assault" is defined in Section 187 of the NT Criminal Code.
The offence is contained in Section 188 and has the following elements:
- Any person
- Who unlawfully
- Assaults another
A wide variety of conduct can constitute an assault including threatening gestures, spitting and in some situations the shaking of the fist.
Maximum Penalty - Common Assault and Aggravated Assault
The penalty for a simple offence of assault is a maximum of 1 year imprisonment.
Most assaults in the Northern Territory are aggravated assaults. Aggravated assaults are those with the aggravating circumstance contained in Section 188(2) of the NT Criminal Code and these include the following:
- The offence is committed by a male on female;
- The victim suffers harm;
- The assault is of an indecent nature;
- An offensive weapon is used.
If the victim suffers serious harm then the offence will be contrary to Section 181 in which case the maximum term of imprisonment increases to 14 years.
What the prosecution must prove - Common Assault and Aggravated Assault
To be advised.
Possible Defences - Common Assault and Aggravated Assault
There are a number of defences available for assault. The most common is defensive conduct contained in Section 27 of the NT Criminal Code. Section 27 outlines the circumstances in which force not being such force as likely to cause death or serious harm is justified. Section 28 of the NT Criminal Code contains the circumstance in which force causing death or serious harm is justified.
The most useful defence provision contained in the NT Criminal Code is Section 29 – Defensive Conduct.
Section 29 provides that a person may engage in defensive conduct if that person believes it is necessary to:
- Defend himself or another person;
- To prevent or terminate the unlawful deprivation of his or her liberty;
- To protect a persons possession from the lawful appropriation of destruction or damage;
- To prevent trespass on land or premises occupied by or under control of the person;
- To remove a trespasser from land
and that such conduct is a reasonable response in the circumstances as the person reasonably perceives them.
There are other defences which can sometimes be used such as Section 31 unwilled act or accident, Section 32 mistake of fact and Section 33 sudden and extraordinary emergency.
The Court process - Common Assault and Aggravated Assault
To be advised.