Accused or charged with assault in South Australia?

“Assault causing harm” involves an assault that results in actual physical or mental injury — such as bruising, fractures, or psychological harm. It is covered under section 20(4) and attracts higher penalties than simple assault.

An assault becomes aggravated under section 5AA of the Act when factors such as the following are present:

• Use of or threat with a weapon
• Victim under 12 or over 60
• Offence committed against a police officer or emergency worker
• Offence against a domestic partner or child
• Breach of court orders

No. Assault can also occur without physical contact, such as when someone threatens to apply force, and the victim reasonably believes the threat may be carried out (section 20(1)(c)).

Yes. Assault includes indirect acts such as pushing someone into another, or throwing an object that causes injury provided the offender intended to cause force or knew their actions might result in contact (section 20(1)(a), (b), (d)).

• Consent
• Self-defence or defence of others
• Defending property
• Duress (acting under threat)
• Necessity or emergency
• Mental impairment, where the accused could not understand the nature or wrongfulness of their actions

Yes, if the victim voluntarily consented to the contact (e.g., in a contact sport or consensual physical interaction), and the act remained within the boundaries of what is socially or legally acceptable, it may be a defence.

No. Unlike affray or threats, words alone do not constitute assault under South Australian law. However, conduct that causes fear of imminent violence, especially when combined with gestures or actions, can qualify.

• Assault involves any unlawful application or threat of force.
• Assault causing harm includes actual injury (e.g. bruises, bleeding)
• Causing harm with intent (s 24) and causing serious harm (s 23) are more serious and attract penalties of up to 25 years’ imprisonment for aggravated cases.

The police determine the charge based on:

• The nature and extent of injuries
• Whether weapons were used
• Whether the victim was vulnerable (age, occupation, etc.)
• The presence of aggravating circumstances

Yes. Any intentional contact without consent, including pushing, grabbing, or slapping, can constitute basic assault, even if no injury results, under section 20(1)(a)-(b).

Yes. An assault conviction is recorded as a Disclosable Court Outcome (DCO) and will appear on a National Police Check, unless spent under applicable legislation.