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Assaults in Victoria
In Victoria, there are a range of charges that are categorised as assault. These charges are predominately found in the Crimes Act 1958 (Vic) and include:
- Intentionally cause serious injury;
- Recklessly cause serious injury;
- Intentionally cause injury;
- Recklessly cause injury;
- Assaulting an Emergency Services Worker;
- Resisting Police; or
- Affray.
A person can also be charged with an assault under the Common Law or Unlawful Assault under the Summary Offences Act 1966 (Vic).
Assaults are generally heard and determined in the Magistrates’ Court of Victoria. However, depending on the charge and the seriousness of the alleged offending, the matter may be heard and determined in the County Court of Victoria.
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Maximum Penalties
The penalty a person may receive for an assault varies depending on the charge and seriousness of the offending. For example, the maximum penalties for assault offences are:
- Intentionally Cause Serious Injury is 20 years’ imprisonment.
- Recklessly Cause Serious Injury is 15 years’ imprisonment.
- Intentionally Cause Injury is 10 years’ imprisonment.
- Recklessly Cause Injury is 5 years’ imprisonment.
- Assaulting an Emergency Worker under section 31(1)(b) of the Crimes Act 1958 is 5 years’ imprisonment.
- Assault or Resisting Police under section 31(1)(c) of the Crimes Act 1958 is 5 years’ imprisonment.
- Affray is 5 years’ imprisonment.
- Unlawful Assault under the Summary Offences Act 1966 is 15 penalty units or 3 months’ imprisonment.
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Defend the Matter
If you are charged with one of these offences, there are a range of factors that must be taken into account to properly defend the matter. Depending on the charge, some of these factors include:
- Whether the Prosecution can prove beyond reasonable doubt it was you who committed the offence and that you intended to do so.
- Whether the Prosecution can prove a ‘serious injury’ has been inflicted by you as a result of the assault.
- Whether self-defence can be raised by the Defence.
If self-defence is a possible defence for an accused, the onus is on the Defence to identify sufficient evidence to raise the defence.
Under section 332K of the Crimes Act 1958 (Vic), the law states that a person is not guilty of an offence if the person carries out the conduct constituting the offence in self-defence. A person carries out conduct in self-defence if:
- The person believes that the conduct is necessary in self-defence; and
- The conduct is a reasonable response in the circumstances as the person perceives them.
It is crucial that you receive expert legal advice before being interviewed by Victoria Police in relation to an alleged assault. Call MCD Lawyers immediately on 03 7009 4777 to ensure you receive the best advice and are properly prepared to be interviewed by the Police.
