South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 20

20—Assault

        (1)         A person commits an assault if the person, without the consent of another person (the "victim")—

            (a)         intentionally applies force (directly or indirectly) to the victim; or

            (b)         intentionally makes physical contact (directly or indirectly) with the victim, knowing that the victim might reasonably object to the contact in the circumstances (whether or not the victim was at the time aware of the contact); or

            (c)         threatens (by words or conduct) to apply force (directly or indirectly) to the victim and there are reasonable grounds for the victim to believe that—

                  (i)         the person who makes the threat is in a position to carry out the threat and intends to do so; or

                  (ii)         there is a real possibility that the person will carry out the threat; or

            (d)         does an act of which the intended purpose is to apply force (directly or indirectly) to the victim; or

            (e)         accosts or impedes another in a threatening manner.

        (2)         However—

            (a)         conduct that lies within limits of what would be generally accepted in the community as normal incidents of social interaction or community life cannot amount to an assault; and

            (b)         conduct that is justified or excused by law cannot amount to an assault.

        (3)         A person who commits an assault is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 2 years;

            (b)         for an aggravated offence (except one to which paragraph (c) or (d) applies)—imprisonment for 3 years;

            (c)         for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 4 years;

            (d)         for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 5 years.

        (4)         A person who commits an assault that causes harm to another is guilty of an offence.

Maximum penalty:

            (a)         for a basic offence—imprisonment for 3 years;

            (b)         for an aggravated offence (except one to which paragraph (c) or (d) applies)—imprisonment for 4 years;

            (c)         for an offence aggravated by the use of, or a threat to use, an offensive weapon—imprisonment for 5 years;

            (d)         for an offence aggravated by the circumstances referred to in section 5AA(1)(c), (ca) or (ka)—imprisonment for 7 years.

Note—

This offence replaces section 40 (assault occasioning actual bodily harm) as in force prior to the commencement of this subsection and, consequently, see Coulter v The Queen  (1988) 164 CLR 350.