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.
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.