CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 270B

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 270B

270B—Assaults with intent

        (1)         Subject to subsection (2), a person who assaults another with intent to commit an offence to which this section applies is guilty of an offence.

        (2)         Where under a provision of any other Act, or any other provision of this Act, an assault with intent to commit an offence to which this section applies is constituted as an offence, this section—

            (a)         does not apply in relation to that offence; and

            (b)         does not operate to create a further or alternative offence with which a person who commits the former offence might be charged.

        (3)         The penalty for assault to which this section applies shall be—

            (a)         imprisonment for a term not exceeding seven years; or

            (b)         imprisonment for a term not exceeding the maximum term that may be imposed for an attempt to commit the principal offence,

whichever is the greater maximum penalty.

        (4)         This section applies to the following offences:

            (a)         an offence against the person;

            (b)         theft or an offence of which theft is an element;

            (c)         an offence involving interference with, damage to, or destruction of property punishable by imprisonment for 3 years or more.