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Written by
Bill Doogue
Criminal Defence Lawyer


Assaults / Violence Offences - VIC
Welcome to the VIC Assault article page. Everything you need to know about Assault according to VIC law - Dated: 09/01/2009

What the Law States according to VIC Law for Assault

According to VIC Law for the charge of Assault,

Crimes Act 1958 - SECT 31 ASSAULT

Assaults

31. 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.

The Maximum Penalty - Assault

According to VIC Law for the charge of Assault,
5 years

What the Police must prove according to VIC Law for Assault

(a) The accused either assaulted with intent to commit an indictable offence, assaulted a police officer or resisted or obstructed a police officer.

Possible Defences under VIC Law - Assault

(a) Duress.

(b) Factual dispute.

(c) Lack of intent.

(d) Mental impairment.

(e) Necessity.

(f) Self-defence.

In VIC which court will hear the matter - Assault


Magistrates Court

Street Names

Unlawful assault, common assault

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