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Assault
Assault
ADLA member for - VIC
Written by
Bill Doogue
Criminal Defence Lawyer
Assaults / Violence Offences - VIC
The Law - Assault
What the Law states - Assault
Crimes Act 1958 - SECT 31 ASSAULT
Assaults31. Assaults
(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-
(i) a member of the police force in the due execution of duty; or
(ii) a person acting in aid of a member of the police force-
knowing that the member or person is such a member or person; 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).
(2) In subsection (1), assault means the direct or indirect application of force by a person to the body of, or to clothing or equipment worn by, another person where the application of force is-
(a) without lawful excuse; and
(b) with intent to inflict or being reckless as to the infliction of bodily injury, pain, discomfort, damage, insult or deprivation of liberty-
and results in the infliction of any such consequence (whether or not the consequence inflicted is the consequence intended or foreseen).
(3) In subsection (2)-
application of force includes-
(a) application of heat, light, electric current or any other form of energy; and
(b) application of matter in solid, liquid or gaseous form.
Maximum Penalty in Victoria
5 years
What the Prosecution must prove - Assault - Vic
(a) The accused either assaulted with intent to commit an indictable offence, assaulted a police officer or resisted or obstructed a police officer.
Street Names
Unlawful assault, common assault
Possible Defences - Assault
(a) Duress.
(b) Factual dispute.
(c) Lack of intent.
(d) Mental impairment.
(e) Necessity.
(f) Self-defence.
Which court will hear the charge of Assault
Magistrates Court
Article published on 09/01/2009. To check if any changes to the law please discuss with one of our lawyers.
