Assault & Serious Violence Offences

Definition: Common assault involves the unlawful assault or beating of another person.

Penalty: This offence can result in a fine of up to 15 penalty units or imprisonment for three months.

Summary Offences Act 1966, Section 23.

Definition: Common law assault is considered a less serious charge than common assault, and is established under common law. The common law is a legal system where decisions are made by the courts based on precedents from previous court rulings relevant to the charge. Common law assault takes place where, without lawful justification, physical force or the threat of immediate harm is inflicted on another person. It does not necessarily involve physical contact but it could involve actions that create a fear of imminent violence.

Penalty: Under the Common law, the offence of common law assault carries a maximum penalty of 5 years imprisonment or a maximum fine of 600 penalty units.

Definition: Aggravated assault occurs when the assault is of a more serious nature, such as when the victim is a child under 14 years old, a female, or when the assault involves particularly violent or cruel conduct. The seriousness of the offence can lead to more severe penalties.

Penalty: Offenders can face a fine of 25 penalty units or up to 6 months of imprisonment.

Summary Crimes Act 1966, Section 24(1)(a).

Definition: This offence involves assaulting or threatening to assault someone with the intent to commit a serious or indictable crime. The key factor here is the intent to commit a further criminal act, making the assault a means to an end.

Penalty: This is considered an indictable offence and can lead to significant imprisonment, with penalties varying based on the seriousness of the underlying crime.

Crimes Act 1958 (Victoria), Section 31(1)(a).

Definition: It is an offence to assault, threaten, resist, or obstruct emergency workers, custodial officers, or youth justice workers while they are performing their duties. This includes health professionals, police, firefighters, or other officers in roles of authority.

Penalty: The penalty for such offences can be up to 5 years imprisonment, reflecting the heightened protection for these workers.

Crimes Act 1958 (Victoria), Section 31(Ba).

Definition: A person who, without lawful excuse, intentionally or recklessly causes injury to another person is guilty of an indictable offence.

Penalty: If the injury was caused intentionally— level 5 imprisonment (10 years maximum); If the injury was caused recklessly— level 6 imprisonment (5 years maximum).

Crimes Act 1958 (Victoria), Section 18.

Definition: A person who, without lawful excuse, intentionally causes serious injury to another person is guilty of the indictable offence of Intentionally Causing Serious Injury.

Penalty: Intentionally causing serious injury can result in a level 3 imprisonment of a maximum of 20 years.

Crimes Act 1958 (Victoria), Section 16.

Definition: A person who, without lawful excuse, recklessly causes serious injury to another person is guilty of the indictable offence of causing serious injury recklessly.

Penalty: Recklessly causing serious injury can lead to a level 4 imprisonment of a maximum of 15 years.

Crimes Act 1958 (Victoria), Section 17.

Definition: Domestic violence assault occurs within the context of intimate or family relationships. It includes physical violence, threats, intimidation, and coercive control. There are multiple types of assault offences that sit within the domestic violence and family violence category. These include; Intentionally Causing Serious Injury in Circumstances of Gross Violence (s15A), Recklessly Causing Serious Injury in Circumstances of Gross Violence (s15B).

Penalty: Penalties for domestic violence offences vary, but they can lead to imprisonment and intervention orders.

Family Violence Protection Act 2008 (Victoria).