Assault

In Victoria, assault is a criminal offence defined as the unlawful application of force or the threat of force against another person that is not consented to. Assault charges are contained in both the Summary Offences Act 1966 and the Crimes Act 1958.

There are a range of factors that will dictate where and how these offences are prosecuted by the Police. Some of these factors relate to:

Whether there is an application of actual force or whether there is a threat of injury or force
If there is an application of force, whether or not there is any physical injury caused to the victim
If injury is caused, whether or not the injury is determined to be “reckless” or “intentional”
Whether the injury is regarded by the law as being a “serious injury”
Whether or not a weapon or any instrument was involved/used in the assault
Whether the alleged offender was by themselves or in company with another person when the assault occurs

Specific charges may be laid by the Police as follows:

Common Assault (Summary Offences Act – s 23 – maximum penalty 3 months)

Aggravated Assault (Summary Offences Act – s 24 – maximum penalty 6 months)

Assault in company – (Summary Offences Act – s 24(2) – maximum penalty 12 months)

Assault by kicking or with any weapon or instrument whatsoever (Summary Offences Act – s 24(2) – maximum penalty 2 years)

Affray (Crimes Act – s 195H) – maximum penalty 5 years

If at the time of committing the offence, the person is wearing a face covering used primarily to:

(i)conceal the person’s identity; or

(ii)to protect the person from the effects of a crowd-controlling substance (maximum 7 years)

Causing Serious Injury intentionally – (Crimes Act – s 16 – maximum penalty 20 years)

Causing Serious Injury recklessly (Crimes Act – s 17 – maximum penalty 15 years)

Causing injury intentionally or recklessly (Crimes Act – s 18)

If the injury was caused recklessly – maximum penalty 5 years
If the injury was caused intentionally – maximum penalty 10 years

As outlined above, the maximum penalties for assault charges vary considerably depending on the specific charges, the severity of the offending and the jurisdiction in which the case is heard and determined.

Regardless of the nature and circumstances of any assault related incident, it is important to get the right advice from the start. Assault will often be charged alongside other offences depending on the circumstances of the alleged assault. If you know and understand your rights and options at the beginning, you’ll be in the best position to make an informed decision about the best way to proceed.

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