Assault Charges in Victoria

Section 23 of the Summary Offences Act 1966 (Vic) provides a summary statutory offence for ‘unlawful assault’. Unlawful assault charges are heard before the Magistrates’ Court and carry a maximum penalty of 15 penalty units (around $165 per unit) or 3 months imprisonment.

However, in the most serious cases of unlawful assault, a person may be charged with ‘common assault’. Common assault is a criminal offence that arises at common law in Victoria (R v Patton [1998] 1 VR 7). These matters are heard before the County Court and carry a maximum penalty of 5 years imprisonment.

A person may be charged with unlawful assault if they “unlawfully assaulted or beat another person”. Examples might include threatening to punch someone, hitting another person or spitting at another person. Charges of unlawful assault can be laid even if the victim wasn’t injured.

To be found guilty of unlawful assault, the prosecution must be able to prove beyond a reasonable doubt that the defendant intentionally (and without consent) applied force to the victim or threatened the victim with violence.

There are several legal defences to unlawful and common assault. Our expert team at Sher Criminal Lawyers can assess the circumstances of your case and determine if any legal defences are applicable in your matter.

Aggravated assault is a summary offence in Victoria (s24 Summary Offences Act 1966). Charges are heard before the Magistrates Court and carry a maximum penalty of 25 penalty units (around $165 per unit) or 2 years imprisonment.

A person may be charged with aggravated assault if they:

• Assault a child (aged under 14) or woman (if the Magistrates Court deems that a conviction of common assault is not sufficient in the circumstances);
• Assault another person in company with other offenders; or
• Assault another person by kicking them or using a weapon.

To be found guilty of aggravated assault, the prosecution must be able to prove beyond a reasonable doubt that the elements of the offence have been satisfied (and no legal defence can be relied upon).

There are several legal defences to aggravated assault. Our expert team at Sher Criminal Lawyers can assess the circumstances of your case and determine if any legal defences are applicable in your matter.

The Crimes Act 1958 (Vic) outlines several indictable offences in regard to intentionally or recklessly causing injury. Relevant charges include:

• Intentionally causing serious injury in circumstances of gross violence (s15A): maximum penalty of 20 years imprisonment.
• Recklessly causing serious injury in circumstances of gross violence (s15B): maximum penalty of 15 years imprisonment.
• Intentionally causing serious injury (s16): maximum penalty of 20 years imprisonment.
• Recklessly causing serious injury (s17): maximum penalty of 15 years imprisonment.
• Causing injury intentionally (s18): maximum penalty of 10 years imprisonment.
• Causing injury recklessly (s18): maximum penalty of 5 years imprisonment.
• Administering certain substances capable of interfering substantially with the bodily functions of another person (s19): maximum penalty of 5 years imprisonment.

The Act also legislates offences in relation to recklessly or negligently causing serious injury or endangering life:

• Reckless conduct endangering life (s22): maximum penalty of 10 years imprisonment.
• Negligently causing serious injury (s24): maximum penalty of 10 years imprisonment.

All of the above charges are heard in the County Court. However, an experienced criminal lawyer may be able to negotiate with the prosecution and have the charges dealt with summarily in the Magistrates’ Court of Victoria.

An offence is considered “reckless” if the accused intentionally committed the act and knew that it could reasonably cause harm or kill someone; even if they did not intend to harm someone. In other words, the accused was willing to run the risk of someone else being injured or killed when they committed the offence.

On the other hand, an offence is considered “negligent” if the accused did or omitted to do something that caused injury; because they failed to foresee how the act or omission would result in the harm caused.

There are many factors that the Court must account for when determining the outcome of these types of matters. All the circumstances and injuries must be taken into consideration. If the prosecution fails to prove any element beyond a reasonable doubt, the defendant cannot be held criminally liable for the intentional, reckless or negligent offence.

• Assault (s31): maximum penalty of 5 years’ imprisonment. The offence includes assaulting or threatening to assault:

• Threats to Kill (s20): maximum penalty of 10 years’ imprisonment.
• Threats to Inflict Serious Injury (s21): maximum penalty of 5 years’ imprisonment.
• Extortion with Threats to Kill (s27): maximum penalty of 15 years’ imprisonment.
• Extortion with Threats to Destroy Property (s28): maximum penalty of 10 years’ imprisonment.
• Using Firearms to Resist Arrest (s29): maximum penalty of 10 years’ imprisonment.
• Threatening Injury to Prevent Arrest (s30): maximum penalty of 5 years’ imprisonment.
• Use of Firearms in the Commission of Offences (s31A): maximum penalty of 5 years’ imprisonment.
• Being Armed with Criminal Intent (s31B): maximum penalty of 5 years’ imprisonment.
• Discharging a Firearm Reckless to Safety of a Police Officer (s31C): maximum penalty of 15 years’ imprisonment.
• Intimidation of a Law Enforcement Officer or Their Family Member (s31D): maximum penalty of 10 years’ imprisonment.
• Kidnapping (s63A): maximum penalty of 25 years’ imprisonment.
• Aggravated Burglary (s77): maximum penalty of 25 years’ imprisonment.
• Affray (s195H): maximum penalty of 7 years’ imprisonment.

• False Imprisonment: maximum penalty of 10 years’ imprisonment.
• Public Nuisance: maximum penalty of 5 years’ imprisonment.
• Riot: maximum penalty of 10 years’ imprisonment.
• Rout: maximum penalty of 5 years’ imprisonment.

Stalking is another serious assault-related charge legislated under Section 21A of the Crimes Act 1958 (Vic). As an indictable offence, it carries a maximum penalty of 10 years’ imprisonment.

Stalking includes any act that is intentionally undertaken to cause physical or mental harm. It can also include behaviour that leads the victim to fear for their safety. This might include:

• Cyberstalking
• Threats
• Spying and surveillance
• Repeated and unwanted contact
• Tracking someone’s private information without their consent
• Loitering around or entering someone’s home or office

Stalking matters are complex and there may be several defences available to a defendant fighting a stalking charge. The prosecution must be able to prove beyond a reasonable doubt that the accused’s offending was intentional. Therefore, the defendant may be able to prove that they acted without malice or intent.