Assault/Threaten to Assault with Intent to Commit an Indictable Offence
In Victoria, the maximum penalty for the offence of Assault/Threaten to Assault with Intent to Commit an Indictable Offence is 5 years’ imprisonment.
Penalties the Court can impose for Assault with Intent to Commit Indictable Offence:
- Imprisonment (Jail – Full Time)
- Community Corrections Orders
- Adjourned undertaking
The Offence of Assault/Threaten to Assault with Intent to Commit an Indictable Offence
The offence of Assault/Threaten to Assault with Intent to Commit an Indictable Offence is found in Section 31(1)(a) of the Crimes Act 1958 which states: A person who assaults or threatens to assault another person with intent to commit an indictable offence is guilty of an indictable offence.
What the Police Must Prove:
To find you guilty of Assault/Threaten to Assault with Intent to Commit an Indictable Offence, the police must prove each of the following elements beyond a reasonable doubt:
- You assaulted/threatened to assault another person;
- The assault resulted in the complainant being injured or in pain (or in fear of being injured or in pain);
- You acted with the intention to commit an indictable offence; and
- You acted without lawful excuse.
For the purposes of this offence, assault is the direct or indirect application of force to the body of, or to the clothing or equipment worn by, a person where the application of force is:
- Without lawful excuse; and
- With intent to inflict, or being reckless as to the infliction of, bodily injury, pain, discomfort, damage, insult or deprivation of liberty.
The application of force includes the application of heat, light, electric current or any other form of energy to the complainant, as well as the application of matter in solid, liquid or gaseous form.
What is an Indictable Offence?
Indictable offences are serious crimes that are usually only triable by judge and jury. In some instances, indictable offences may be heard by a Magistrate. Under Section 28 of the Criminal Procedure Act 2009, a Magistrate may hear and determine any matter punishable by a maximum term of imprisonment of 10 years’ or less or a fine of up to 771 penalty units or less.
There are other indictable offences with penalties higher than those stated above, that may also be tried by a Magistrate. Schedule 2 of the Criminal Procedure Act 2009 sets out the full list of these offences.
What Actions Might Constitute an Assault/Threat with Intent to Commit an Indictable Offence
Punching, hitting, kicking or striking someone with the intent to kill them would be an example of this offence.
Possible Defences for This Charge:
Possible defences to a charge of Assault/Threaten to Assault with Intent to Commit an Indictable Offence include but are not limited to:
- Self Defence/defence of another
- Lack of intent/factual dispute
Which Court Will Hear Your Matter?
So long as the accused consents, the charge will generally be heard in the Magistrates’ Court of Victoria. If there are other more serious charges or if the accused does not consent to the Magistrates’ Court hearing the matter, the matter can be committed to the County Court of Victoria.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.