Breaching Consent Orders
Lawyers & Barristers

There is a possibility of imprisonment if you are convicted of a common assault. The maximum penalty is 18 months although this can be as much as 3 years should there be circumstances of aggravation.

A prison sentence is the most severe punishment that can be handed down when you are convicted of a crime. In some circumstances, it can also be accompanied by a hefty fine.

If you are sentenced to prison in court, you will be taken immediately to a holding cell where you will be processed and wait to be transported to the appropriate prison facility.

You may recieve a suspended sentence when found guilty of common assault in court.

A suspended sentence is a prison sentence that is not put into immediate effect which means that you are not required to go to prison and you are released to live in the community.

However suspended sentences comes with conditions. If you commit a crime while on a suspended sentence, you will be sent to prison to serve the sentence. Suspended sentences are also often accompanied by another penalty, such as a fine or community based order.

It is possible to have a partially suspended prison sentence. This means that you do go to prison immediately upon sentencing however, you will be released after a designated period of time to serve the remainder of your sentence in the community.

A suspended sentence is recorded on your criminal record and can have serious consequences if you are seeking a job or trying to enter other countries. Often prison sentences are a bar to many jobs and eligibility for Visa’s

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The maximum fine for a common assault in Western Australia is $18,000 although this could be as much as $36,000 where there are circumstances of aggravation.

A fine may be handed down by the court as your whole punishment or in conjunction with another penalty.

Upon receiving a fine it must be paid immediately or you can apply to the court for time-to-pay, which enables you to pay the fine in regular instalments. You must apply for the time-to-pay option if you are unable to pay it in full immediately and the court may require documentary proof of your financial circumstances. The court’s decision for a time-to-pay application is final.

You may be issued with a PBO if convicted of common assault

Prohibited behaviour orders (‘PBO’) are orders made by the court that impose certain restrictions on persons with a history of anti-social behaviour.

PBOs are issued in order to reduce the likelihood of the person committing future anti-social offences. For example, a serial graffiti offender might be banned from using public transport, a shoplifter might be banned from a shopping precinct, or a violent offender might be banned from being out after dark or drinking alcohol. The order can only be made on persons 16 years or older.

The orders will generally be publicised unless ordered otherwise by a court. The constrained person will have their name, a photograph, their town or suburb, and the constraints imposed by the PBO made public on a government website. This is done so the community can assist the police in ensuring the orders are complied with and identify any breaches. The details of the constrained persons can be found at http://www.pbo.wa.gov.au.

It is a criminal offence to breach PBO and carries a penalty of a fine and/or imprisonment. The maximum penalty is five years imprisonment, or 2 years in the case of a minor.