Police v HB: Assault

Child assaults someone by throwing water

Assault - Criminal Defence SolicitorsClient was charged with assault and damage property committed when she was 13 years old.

The assault involved throwing water on someone and the damage involved throwing water on carpet and tiles.

Property damage charge: water doesn’t damage carpet or tiles

In absence of strong evidence to the contrary a 13 year old would not be expected to understand that throwing water on someone was an assault. And throwing water on a floor does not constitute property damage as it does not physically alter or interfere with the use of the floor.

The Children’s Court treated the charges accordingly.

Testimonial:

“Thanks heaps O’Brien’s” HB

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