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ASSAULTS & INJURIES

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ASSAULT.

Traditionally the offence of assault was referred to as two offences being the offence of assault and a separate offence of battery. “Assault” referred to the threat of force on another person whereas “battery” referred to the actual use of force on another.

Both assault and battery are now known as only the offence of “assault” or “unlawful assault”. In Victoria there are a number of versions of the offence including section 23 of the Summary Offences Act 1966, section 31(1)(a) of the Crimes Act 1958, and Common Law Assault.

How a person is charged will depend on how serious the police view the assault. 

PROOF, PENALTIES & DEFENCES.

The prosecutor has to prove that you intended to or recklessly applied force to another person or caused someone to apprehend immediate application of force to their body without lawful justification or excuse.

Section 31(a) of the Crimes Act 1958 requires the prosector to additionally prove that the assault occurred with the intent to commit an indictable offence.

Defences:

  • that the conduct was not intentional and was accidental;
  • that you were not aware that the conduct would probably result in the applied force or apprehension of force;
  • that the other person consented;
  • that you had a lawful excuse such as self-defence; mental impairment at the time; or you were ejecting a trespasser.

Penalties:

  • Common Law Assault:Maximum 5 years jail 
  • s31(1)(a) Crimes Act 1958: Maximum 5 years jail 
  • s23 Summary Offences Act 1966: Fine up to $2400 or maximum 3 months jail; or if the incident involves:
    • a woman or child as the victim: Fine up to $4875 or maximum 6 months jail;
    • a co-accused in the company: Maximum 12 months jail;
    • kicking or a weapon: Maximum 2 years jail.

CLIENTS WE’VE HELPED FOR THIS CHARGE.

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