Criminal Lawyers Melbourne

Common assault

Criminal Lawyers Melbourne
ADLA member for - VIC

Written by
Bill Doogue
Criminal Defence Lawyer


Assaults / Violence Offences - VIC
The Law - Common assault

What the Law states - Common assault


Summary Offences Act 1966 - SECT 23

Common assault

23. Common assault

Any person who unlawfully assaults or beats another person shall be guilty of an offence. Penalty: 15 penalty units or imprisonment for three months.

Maximum Penalty in Victoria



3 months / 15 penalty units

What the Prosecution must prove - Common assault - Vic


(a) The accused unlawfully assaulted or beat another person.

Street names for Common assault


Assault

Possible Defences - Common assault


(a) Duress.

(b) Factual dispute.

(c) Identification dispute.

(d) Lack of intent.

(e) Mental impairment.

(f) Necessity.

(g) Self-defence.

Which court will hear the charge of Common assault


 
Article published on 01/01/2011. To check if any changes to the law please discuss with one of our lawyers.
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