Unlawful Assault

In Victoria, the maximum penalty for Unlawful Assault (which may also be referred to as ‘common assault’) is a fine of 15 penalty units or three months imprisonment. This offence is considered the least serious of the assault offences. Generally, individuals are charged with Unlawful Assault when a person assaults another person without causing injury.

Unlawful Assaults can be complicated if there are aggravating factors. It is important to get legal advice at an early stage to ascertain precisely what the consequences of a conviction may be and whether you have a defence to the charge.

The Offence of Unlawful Assault

The offence of Unlawful Assault is contained in section 23 of the Summary Offences Act 1966 which states:

Any person who unlawfully assaults or beats another person shall be guilty of an offence.

What Actions Might Constitute Unlawful Assault?

Whilst the slightest touch might constitute Unlawful Assault, usually Police would not charge a person with Unlawful Assault unless there is a significant degree of force applied or there is evidence that threats of violence were made.

An Unlawful Assault may consist of:

• Punching, hitting or kicking another person without causing bodily harm;
• Spitting upon another person;
• Threatening to hurt another person.

What the Police Must Prove

To convict a person of Unlawful Assault, the Prosecution must prove each of the following elements beyond a reasonable doubt:

• They struck/touched/applied force to another person, or threatened another with immediate violence;
• They did so intentionally or recklessly;
• The actions were not consented to by the victim;
• There is no other lawful justification or excuse.

Possible Defences for the Charge of Unlawful Assault

Possible defences to a charge of Unlawful Assault include but are not limited to:

• The accused has a lawful justification or excuse;
• The accused acted in self-defence or in defence of another
• The complainant consented to the assault
• The assault was not intentional or foreseeable.

Which Court Will Hear Your Matter?

Unlawful Assault is a summary offence and will be heard at the Magistrates’ Court.

Common Questions

Will I receive a criminal conviction for Unlawful Assault?

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 for Unlawful Assault?

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 3 months 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.