Know About Assault Charges and Human Rights

 Know About Assault Charges and Human Rights

Know About Assault Charges and Human Rights

Assault charges are serious offenses and can result in incarceration, financial penalties, or both. In Australia, assault is mainly divided into three primary categories. The penalties related to the categories also differ and can become harsher with the offense. These three types of assaults, as defined by the Australian legal system, are denoted as:

  • Common Assault

  • Assault occasioning bodily harm

  • Grievous bodily harm

The number of incidents of assault was determined to be 64907 in 2020 in New South Wales, whereas 270,600 persons experienced actual and threatened assault in 2018-19. As these cases require profound legal understanding and passionate and robust representation – it is better to take experienced help from the start. You must contact the most effective and skilled criminal lawyers Perth.

The Types Of Assault And Their Penalties

As stated earlier, the Australian legal system has specified the three types of assault quite clearly. The accused can be sent to jail, fined, or both, depending upon the extent and seriousness of the assault. The three types of assaults are as follows:

  • Common Assault:

An application of force to another person without the 2nd person’s consent constitutes a case of common assault. Although, a slight push or nudge in this category wouldn’t be penalized unless accompanied by unnecessary force or threats of violence. In the event of pushing, slapping, striking, or kicking – the victim can register the case for common assault. Incidentally, spitting at someone is considered a severe form of common assault, as it can spread disease. Essentially, to prove common assault cases – the public prosecutor has to satisfy the court beyond reasonable doubt that:

  • The accused has applied force to the victim.

  • The victim did not consent to the application of force

  • The perpetrator intentionally and recklessly used the force

  • The legal bodies didn’t justify, authorize, or excuse the assault.

Depending upon the extent of aggression, the court can order jail for 18 months to 3 years and a fine of $18000 – $36000.

  • Assault Occasioning Bodily Harm

An assault occasioning bodily harm is where the perpetrator has caused physical discomfort or bodily injury to the victim. Although the pain during the assault will constitute discomfort for theoretical purposes, it will not qualify as bodily harm for practical purposes.

Some examples of physical harming assaults are bruising, broken bones, black eye, swelling, etc. in some cases, minor injuries can be considered bodily harm. The offense carries a maximum imprisonment of 2 years and a fine of $24000. If the perpetrator commits it in aggravated circumstances, the penalty is a maximum of 3 years and a fine of $36000. The indictment of this assault in district courts will increase the penalties significantly.

  • Grievous Bodily Harm (GBH)

The Australian Criminal Code defines GBH assault charges as bodily injuries which can:

  1. Endanger or likely to endanger the life of the victim

  2. Cause or likely to cause permanent harm to the victim’s health.

GBH injuries can range from a broken jaw to a severe head injury. Moreover, GBH charges will apply even when any medical treatment completely heals the patient. A court will not consider the treatment that inhibited the wound from danger to life as a proper defense for the GBH charge. The prosecution needs to prove the offense of GBH by satisfying the court that:

  1. The complainant suffered GBH.

  2. The accused caused the GBH.

  3. The act causing the GBH was unlawful – which means that it was not authorized, justified, and charged by the law.

The District Court passes indictments for the charges. The indicted party will face a maximum of 10 years’ sentence. The court doesn’t consider causing GBH; it only needs proof that the accused has caused GBH unlawfully to the victim. The court will consider the following points to determine whether or not someone has committed a GBH assault:

  • The nature of the harm – which may range from severe but treatable injuries to wounds causing permanent bodily damage.

  • The nature of the act – which may go from a single action to repeated acts of violence.

  • The background and circumstances of the violence may be a response to a provocation or random and senseless violence.

As the intensity of penalties increases with the extent of the injury, it is better to hire the best assault Lawyer Perth to get the best representation and required justice.

Human Rights In Australia

The Australian legal system recognizes and upholds the different rights and freedoms every individual deserves. These rights are protected and promoted by several federal, state, and territory level laws and the Australian constitution, and common law.

The Australian legal system protects the following rights under the principle of common law – which states that any legislation should not infringe fundamental rights and freedom unless the violation is reasonable and the legislation states explicitly so:

  1. Freedom of speech

  2. Right to express one’s opinion.

  3. Freedom to practice one’s religion without prejudice or intervention.

  4. Freedom of association.

  5. Freedom of movement

The Australian legal system provides strong protection against the breach of these rights. It recognizes that only the provisions in the Common Law are not enough to uphold these traditional values. So, they have devised several laws to sustain the fundamental human rights and freedoms effectively; you can find some of them below:

  1. Australian Human Rights Commission Act 1986

  2. Sex Discrimination Act 1984

  3. Disability Discrimination Act 1992

  4. Racial Discrimination Act 1975

  5. Age Discrimination Act 2004

The Australian government also uphold and respect several international human rights treaties, such as:

  1. International Covenant on Civil and Political Rights

  2. International Covenant on Economic, Social and Cultural Rights

  3. Convention on the Elimination of All Forms of Racial Discrimination

  4. Convention on the Rights of the Child.

  5. Convention on the Elimination of All Forms of Discrimination against Women

And several other international human rights accords.

You can make a complaint to the Australian Human Rights Commission if you have experienced judgment, persecution, and mistreatment because of your gender, disabilities, race, age, sexual preference – even for marital status, pregnancy, or relationship status. However, as these cases are a serious breach of fundamental rights and have a heavy penalty if proven – it is worthwhile to consult or hire the best criminal defence lawyer to represent you in a court of law.

Avatar

davidsmith01

Leave a Reply

Your email address will not be published. Required fields are marked *