Serious Assaults

The offence of serious assault is created by section 340 of the Criminal Code.

There are a number of circumstances which constitute a serious assault. These include scenarios in which the person:

(a)  assaults another with intent to commit a crime, or with intent to resist or prevent the lawful arrest or detention of himself or herself or of any other person; or

(b)  assaults, resists, or wilfully obstructs, a police officer while acting in the execution of the officer’s duty, or any person acting in aid of a police officer while so acting; or

(c)  unlawfully assaults any person while the person is performing a duty imposed on the person by law; or

(d)  assaults any person because the person has performed a duty imposed on the person by law; or

(e)  assaults any person in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such person or persons; or

(f)   unlawfully assaults any person who is 60 years or more; or

(g)  unlawfully assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device.

The maximum penalty for these offences is generally 7 years. However, if the victim is a police officer there are a number of circumstances where the maximum penalty is 14 years imprisonment:

(i)            the offender bites or spits on the police officer or throws at, or in any way applies to, the police officer a bodily fluid or faeces;

(ii)           the offender causes bodily harm to the police officer;

(iii)          the offender is, or pretends to be, armed with a dangerous or offensive weapon or instrument.