Assault Offences

An assault is the use of any force, or threat to use force, against a person that is not consented to. In Victoria, most assault offences are contained in the Crimes Act 1958. However, some are also found in the Summary Offences Act 1966. The seriousness of an alleged assault will usually determine which offence the Police will prosecute.

Unlawful Assault

The least serious assault offence in Victoria is Unlawful Assault under section 23 of the Summary Offences Act. This offence is punishable by a fine or up to three months imprisonment and is finalised in the Magistrates Court.

A person is usually charged with Unlawful Assault when they assault a person without injuring them.

Assault Police

A person who assaults a Police Officer in Victoria is guilty of an offence under the Crimes Act 1958 and is liable to a sentence of up to two years imprisonment.

Assaulting Police is an indictable offence. However, it is usually dealt with summarily in the Magistrates Court.

Assaults (Crimes Act 1958)

A person who commits an assault with the intent to commit other indictable offences is guilty of an offence under section 31 of the Crimes Act 1958. This offence is punishable by up to five years imprisonment.

Affray

Affray is committed where a person uses or threatens unlawful violence and whose conduct would cause an average person present at the scene to be terrified. Affray is a statutory offence which carries a maximum penalty of 5 years imprisonment, under section 195H of the Crimes Act 1958. Before the introduction of section 195H, affray was a common law offence. Affray is an indictable offence which may be determined summarily (in the Magistrates Court.)

Recklessly or Intentionally Cause Injury

Assaults that result in injury in Victoria are generally charged as offences of causing injury. A person who recklessly or intentionally causes injury to another person is guilty of an offence under section 18 of the Crimes Act 1958. Injury may be unconsciousness, substantial pain, disfigurement or mental illness. It may be temporary or permanent. This offence may be punished by imprisonment for up to five years (where injury was reckless) or up to ten years (where it was intentional).

Recklessly or Intentionally Causing Serious Injury

A person may be found guilty of a more serious offence if they recklessly cause serious injury or if they intentionally cause serious injury. A serious injury is an injury that is substantial and protracted or endangers life.

This is an indictable offence that must be finalised in the County Court.  It carries a maximum penalty of imprisonment for 15 years (where the injury was reckless) and 20 years (where it was intentional).