This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Assault with Intent to Commit Other Offence

Assault with Intent to Commit Other Offence is governed by Section 22 of the Crimes Act 1900. It is committed when an assault occurs with the intent to commit another offence punishable by a penalty of five years imprisonment or more.

What The Police Must Prove

To convict you of an assault with intent to commit another offence, the police must prove each element of the offence beyond a reasonable doubt:

They must prove that you:

  • struck/touched/applied force/threatened with violence;
  • another person or persons;
  • that it was done intentionally or recklessly;
  • without consent;
  • without lawful excuse;
  • with the intention of committing another offence, as described above.

Possible Defence

A person charged with this offence can argue in their defence that they did not have the requisite intent in relation to the other offence.

Which Court Will Hear Your Matter?

As the maximum penalty for this charge is five years’ imprisonment, the Prosecution can elect (within a specific timeframe) for your matter to remain in the Magistrates Court, where the maximum possible penalty is two years’ jail. If the Prosecution does not exercise its election, you can still “consent to the jurisdiction” to keep the matter before a magistrate rather than having to go the Supreme Court and a judge and jury.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.


If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.


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