The severity of the assault will determine the type of punishment that the culprit has to undergo. The type of punishment that is pronounced on a culprit, the possible defenses and the court involvement are clearly mentioned in detail in this article.
Any man who hits or touches or applies force of any kind to any other man directly or indirectly without the consent of the person, or if a man who by any bodily act tries to apply force to another without the permission of the other, then the culprit who makes an attempt to harm the other is said to man handle a person. This act is known as an “assault” and one who is involved in causing discomfort is booked under the violence offenses.
The law clearly mentions that a human being who attacks a man unlawfully and hence causes bodily harm to the attacked individual is guilty of a criminal offense called assault offenses in Australia and the severity of the crime will depend on the type of punishment that the criminal involved in the barbaric crime would need to undergo.
If the attempt to beat up an individual does not involve any serious injury or no physical attack is made, then the court will be not that strict on imposing a maximum penalty and might sentence the culprit to a few months jail or even a small fine.
The maximum punishment that a culprit will get for assault occasioning to bodily harm is imprisonment for a period of seven years. This is for manhandling a person and striking him with his body parts. A more serious punishment is pronounced by the magistrate or the judge of the criminal court in Australia if the accused is found to be involved in bodily harm and is armed with dangerous or offensive weapons or if he beats up the human being in the company of more than one or two individuals, then the penalty imposed on the culprit would be a rigorous 10 years of imprisonment.
There are quite a few differences that might work in favor of the physical attack charges victim that will help in reducing the criminal punishment that is meted to him. Some of the possible defenses to stabbing offenses include: intoxication when the battering happened, self defense, pressure or forces, attack with consent, injury caused on the human being is not a severe bodily harm, annoyance and necessity. The man handling charges framed on an individual might be dealt with either in the Magistrates Court or in the District Court of the particular state where the crime has occurred.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.