Crimes of assault are closely linked to the Violet Crimes page of this website and are one of the most serious, offences committed against the person in Victoria. Offences of assault are dealt with in both the Crimes Act 1958 and the Summary Offences Act 1966. There are many and varied types of assault offences, and penalties which will apply depending on the seriousness of the assault.
These offences include:
- common assault (section 23 of the Summary Offences Act and the common law);
- aggravated assault (section 24 of the Summary Offences Act);
- more serious assaults (section 31 of the Crimes Act);
- intentionally or recklessly causing injury (sections 15A to 19A of the Crimes Act);
- threatening to kill a person or inflict serious injury on a person (sections 20 and 21 of the Crimes Act); and
- certain indecent assaults (sections 39 and 40 of the Crimes Act).
Under Section 23 of the the Summary Offences Act (1966) (Common Assault)
Any person who unlawfully assaults or beats another person shall be guilty of an offence.
Penalty: 150 penalty units or not more than 3 months imprisonment
Under Section 31 of the Crimes Act (1958)
(1) A person who—
(a) assaults or threatens to assault another person with intent to commit an indictable offence; or
(b) assaults or threatens to assault, resists or intentionally obstructs an emergency worker on duty or a custodial officer on duty, knowing or being reckless as to whether the person was an emergency worker or a custodial officer; or
(ba) assaults or threatens to assault, resists or intentionally obstructs a person lawfully assisting an emergency worker on duty or a custodial officer on duty, knowing or being reckless as to whether the person was assisting an emergency worker or a custodial officer; or
(c) assaults or threatens to assault a person with intent to resist or prevent the lawful apprehension or detention of a person—
is guilty of an indictable offence.
Penalty: Level 6 imprisonment (5 years maximum)
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If you are facing serious assault charges, other criminal charges or even serious traffic charges, speak to us as soon as possible so that we can advice you and adequately prepare you for the range of legal matters that you will need to consider.
We are ready and able to provide advice, appear and also brief experienced Expert Counsel on an urgent basis to attend in order to best defend, safeguard and advance the rights and interests of our clients.
