Assault With Intent to Commit an Indictable Offence

In Victoria, the maximum penalty for the offence of Assault With Intent To Commit An Indictable Offence is 5 years’ imprisonment. The offence is found in Section 31(1)(a) of the Crimes Act 1958. It is an indictable offence that may be heard summarily (in the Magistrates Court).

What Is Assault With Intent To Commit An Indictable Offence?

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 offences that may be heard on indictment before a judge of the Supreme Court or County Court. Some indictable offences may also be heard summarily (in the Magistrates Court) with the consent of the defence and Prosecution.

Indictable offences in Victoria include theft, rape, robbery, and murder and manslaughter. 

What Actions Might Constitute An Assault With Intent To Commit An Indictable Offence?

A person may be charged with an Assault With Intent To Commit An Indictable Offence if they:

• Hit a person with the intent of stealing their bag;
• Pull a person to the ground with the intent of raping them;
• Assault a person with the intent to cause them grievous bodily harm.

In each of the above situations, there is a more serious offence that a person could be charged with if their intentions were in fact carried out. A person who assaults a person and then steals their bag could be charged with robbery. A person who pulls another person to the ground and attempts to rape them, could be charged with attempted rape (or with rape if the rape was actually carried out). A person who assaults a person and inflicts grievous bodily harm could be charged with causing grievous bodily harm.

The offence of Assault With Intent To Commit An Indictable Offence exists to cover the situation where the accused’s intent was not in fact achieved.

What Must Be Proven?

To find a person guilty of Assault With Intent To Commit An Indictable Offence, the Police must prove each of the following elements beyond a reasonable doubt:

• The accused 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);
• They acted with the intention to commit an indictable offence; and
• They acted without lawful excuse.

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear the Matter?

Assault With Intent To Commit An Indictable Offence is an indictable offence that can be heard in either the Magistrates’ Court or County Court depending on the seriousness of the circumstances and the attitude of defence and Prosecution.

Possible Defences

A person charged with Assault With Intent To Commit An Indictable Offence may argue in their defence that:

• They did not intend to commit an indictable offence;
• Their actions were accidental and therefore do not amount to an assault.

Common Questions

Will I receive a criminal conviction?

Yes, you can receive a conviction and criminal record for this offence, however, the circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence this. 

In VIC, a Court can impose any of the following penalties for this charge.

• Jail
• Community Corrections Orders (CCO)
• Fine
• Adjourned undertaking

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths such as teaching and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions.

Will I go to jail?

Yes, you can be sentenced to a term of imprisonment for this charge, as it is a serious violent offence in Victoria and carries a maximum penalty of 5 years imprisonment. Imprisonment, however, is not the only outcome available to a Court and penalties will range from good behaviour bonds to fines, to community corrections order, with prison being a sentence of last resort. The circumstances of the offending, whether you have a criminal record, your personal background, and other mitigating factors will influence the outcome. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.