Introduction

In Australia, assault charges encompass a range of actions that extend beyond physical harm. It is crucial to understand that even seemingly minor acts, such as pushing someone, can lead to serious legal consequences, including criminal charges. This article aims to provide a comprehensive overview of assault offences in Australia, specifically focusing on situations where pushing is involved.

We will delve into the legal definition of assault, explore the different types of assault charges, and examine potential defences that may be available. Additionally, we will discuss the penalties associated with assault convictions and address the possibility of civil liability for pushing someone. By understanding the complexities of assault laws, individuals can make informed decisions and protect their legal rights when faced with an assault charge.

Defining Assault Under Australian Criminal Law

Assault is a serious criminal offence in Australia that can have significant legal consequences. Under Australian law, assault is generally defined as the intentional or reckless application of force to another person without their consent, or causing another person to apprehend immediate and unlawful violence.

What Constitutes an Assault Offence?

For an act to be considered assault under Australian criminal law, several key elements must be present:

1. Intentional or reckless action: The accused must have acted either intentionally or recklessly. This means they either deliberately committed the act or were aware of the risk but proceeded anyway.
2. Application of force or threat of force: This can involve physical contact like pushing, punching, or spitting. However, even threatening gestures or words that cause fear of immediate violence can constitute assault.
3. Lack of consent: The victim must not have consented to the action.
4. No lawful excuse: The action must not be justified, authorised, or excused by law.

It's important to note that assault doesn't necessarily require injury or even physical contact. Any act that intentionally or recklessly causes another person to apprehend immediate and unlawful violence can be classified as a form of assault.

Is Pushing Someone Considered an Assault?

Pushing someone can indeed be considered assault under Australian law. Even minor physical contact like pushing can constitute common assault if it's done intentionally or recklessly without the other person's consent.

Some examples of pushing that could lead to an assault charge include:

• Pushing someone during an argument
• Shoving past someone aggressively
• Forcefully pushing someone away from you

The severity of the push and whether any bodily harm occurred can impact how seriously the assault is treated, but even a relatively light push could potentially result in criminal charges.

For a push to be considered assault, the prosecution needs to prove that it was either intentional or reckless. This means:

• Intentional: You deliberately pushed the person, intending to make physical contact
• Reckless: You were aware there was a risk of making contact but went ahead anyway

It's important to note that you don't necessarily need to intend to cause harm or injury for it to be assault. The act of pushing itself, if done knowingly and without consent, can be enough.

For example, if you angrily push someone out of your way in a crowd, that could be seen as intentional assault even if you didn't mean to hurt them. Or if you're wildly gesticulating during an argument and end up pushing the other person, that could potentially be viewed as reckless assault.

The context of the situation is crucial in determining whether a push crosses the line into criminal assault. Factors like the relationship between the people involved, the lead-up to the incident, and any provocation can all play a role in how the act is legally interpreted by an experienced criminal lawyer.

Types of Assault Charges in Australia

In Australia, there are several categories of assault charges, ranging from common assault to more serious offences. Understanding these different types is crucial for anyone facing assault charges or seeking to understand the legal landscape surrounding assault offences.

Common Assault Charges

Common assault is the least serious form of assault charge in Australia. It can involve:

• Physical contact like pushing, shoving, slapping or punching
• Threats or attempts to apply force that cause fear of immediate violence
• Spitting on someone
• Throwing an object at someone

Importantly, common assault does not require the victim to sustain any bodily harm. The mere act of touching someone without their consent or causing them to fear immediate violence can be enough to constitute common assault. For example, raising your fist at someone in a threatening manner, even without making contact, could be charged as common assault if it causes the person to fear being hit.

Assault Occasioning Actual Bodily Harm

This more serious charge arises when the person who is attacked suffers an injury, such as bruising or swelling. Generally, the injury will be one which is severe enough to require medical treatment or time off work.

If the offence involved the use of a weapon, or the threat of a weapon, then the charge can be upgraded to aggravated assault occasioning bodily harm.

Assault Causing Grievous Bodily Harm

Grievous bodily harm is a very serious form of assault which arises when the person attacked loses a distinct part of an organ, or suffers serious disfigurement or an injury that if left untreated would endanger the person's life or cause permanent injury. This can include broken teeth or bones through to more life endangering injuries such as a head injury or severe internal bleeding.

Sexual Assault

Sexual assault occurs when someone is touched inappropriately, forces someone to commit an act of gross indecency, or forces someone to witness an act of gross indecency. Rape is the most serious form of sexual assault in which intercourse occurs without consent.

Aggravated Assault Offences

Aggravated assault charges occur when there are additional factors that make the assault more serious in the eyes of the law. These factors can include:

• Use of a weapon
• Assault against vulnerable victims (e.g. children, elderly people, or people with disabilities)
• Assault committed by multiple offenders
• Assault committed during a home invasion

The specific charges and penalties for aggravated assault can vary between states and territories in Australia. However, all jurisdictions treat aggravated assault as a very serious criminal matter, with penalties typically including lengthy prison sentences for the most severe cases.

Defences to Assault Charges in Australia

When facing assault charges in Australia, several legal defences may be available depending on the specific circumstances of your case. Understanding these defences is crucial for anyone accused of assault, as they can potentially lead to an acquittal or reduction in charges with the help of a criminal defence lawyer.

Self-Defence as a Defence to Assault

Self-defence is one of the most common defences to assault charges. This defence applies when you reasonably believed it was necessary to use force to defend yourself or another person from an unlawful attack. For self-defence to be successful, your actions must have been proportionate to the threat you faced.

For example, if someone was physically attacking you, and you pushed them away to stop the assault, this could be considered self-defence. However, if you continued to attack the person after they were no longer a threat, this would likely go beyond self-defence.

Consent and Accident as Defences

In some situations, consent can be a valid defence to assault charges. This typically applies in contexts like contact sports or medical procedures. For instance, a rugby player tackling an opponent during a match would not be charged with assault because there is implied consent to physical contact within the rules of the game.

Accident can also be a defence if the physical contact was unintentional and could not have been reasonably foreseen. For example, if you accidentally bumped into someone on a crowded train platform, causing them to fall, this would likely be considered an accident rather than an assault offence.

It's important to note that consent and accident defences have limitations. Consent cannot be used as a defence for acts causing serious harm, and the accident must truly be unforeseeable and unavoidable.

Penalties for Assault Charges in Australia

The penalties for assault charges in Australia can vary significantly depending on the severity of the offence and the jurisdiction. Common assault generally carries lighter penalties, while more serious forms of assault can result in lengthy terms of imprisonment.

Penalties for a Common Assault Charge

Common assault is typically considered the least serious form of assault offence. In most Australian jurisdictions, the maximum penalty for common assault is:

• Up to 2-3 years imprisonment
• A fine (usually up to $2,000-$5,000)

However, for first-time offenders or less serious cases, courts often impose non-custodial sentences such as:

• Good behaviour bonds
• Community service orders
• Fines
• Conditional release orders

In some cases, particularly for first offences, it may be possible to avoid a conviction being recorded if the court grants a section 10 dismissal or conditional release order without conviction under the Crimes Act.

Factors Affecting Sentencing for Assault

When determining the appropriate penalty for an assault charge, courts will consider a range of factors, including:

• The seriousness of the assault and any bodily harm caused
• Whether a weapon was used
• The offender's criminal history and likelihood of reoffending
• Any aggravating or mitigating circumstances
• The offender's level of remorse
• Character references and rehabilitation prospects
• Impact on the victim

More severe penalties are likely if the assault:

• Caused significant injuries
• Involved use of a weapon
• Was committed against a vulnerable victim (e.g. child, elderly person)
• Occurred in a domestic violence context
• Was committed by someone with a history of violent offences

Courts aim to impose a sentence that reflects the seriousness of the offence while also considering the offender's personal circumstances and prospects for rehabilitation. An experienced criminal lawyer can present mitigating factors to argue for a more lenient sentence.

It's important to note that penalties can vary between states and territories. Anyone facing assault charges should seek legal advice from a criminal defence lawyer about the specific penalties they may be facing in their jurisdiction. Early legal representation is crucial in working towards the best possible outcome.

Civil Liability for Pushing Someone

Pushing someone can potentially lead to civil liability in addition to criminal charges. This means the person who was pushed may be able to sue the pusher for damages in civil court, separate from any criminal proceedings.

Can You Sue Someone for Pushing You?

Yes, it is possible to sue someone for pushing you in certain circumstances. To have grounds for a civil lawsuit, you generally need to show that:

1. The push was intentional or negligent
2. You suffered some form of harm or damages as a result
3. The pusher did not have a valid legal justification for their actions

For example, if someone deliberately pushed you, causing you to fall and break your arm, you may have grounds to sue them for your medical expenses, lost wages, and pain and suffering. Even if no serious injury occurred, you may still be able to pursue a civil case if the push caused you emotional distress or other damages.

However, not every push will necessarily lead to a successful lawsuit. If the push was accidental, very minor, or done in self-defence, it may be more difficult to prove liability in civil court.

Potential Damages in Civil Assault Cases

If successful in a civil lawsuit for pushing, the types of damages that may be awarded can include:

• Medical expenses: Costs of any treatment required due to injuries from the push
• Lost wages: Compensation for time missed from work due to injuries
• Pain and suffering: Damages for physical pain and emotional distress
• Property damage: Reimbursement for any personal property damaged during the incident
• Punitive damages: In cases of especially egregious behaviour, additional damages may be awarded to punish the defendant

The amount of damages awarded will depend on factors like:

• The severity of any injuries sustained
• Whether the push was intentional or accidental
• The defendant's prior history of similar behaviour
• Any provocation or contributory actions by the plaintiff

It's important to note that even if criminal charges are not filed or are dismissed, you may still be able to pursue a civil case. The burden of proof is lower in civil court compared to criminal proceedings.

Conclusion

Assault charges in Australia are very serious matters with potentially life-changing consequences. If you're facing such charges, it's crucial to understand what you're up against and how to protect your rights.

Remember these key points: Assault involves the application of force without consent, which includes a range of acts beyond just physical harm. The prosecution needs to prove the act occurred, there was no consent, and you acted intentionally or recklessly. Penalties can be severe, including lengthy prison sentences. If you're charged with assault, seek immediate legal representation from an experienced criminal defence lawyer who can guide you through this complex process.

Frequently Asked Questions