Assault

(12 votes)

Assault is an offence which involves an act that causes another person to apprehend immediate and unlawful violence. The maximum penalty in Victoria is 5 years imprisonment.

Related offences

  1. Affray
  2. Intentionally Cause Serious Injury
  3. Recklessly Cause Serious Injury
  4. Intentionally Cause Injury
  5. Recklessly Cause Injury

Defences

  • Self Defence
  • Mistake of Fact
  • Mental Impairment
  • Durress
  • Consent

Sentencing

Although the maximum penalty for assault is 5 years imprisonment, where assault matters are heard summarily in the Magistrates' Court, the maximum is reduced to 2 years due to the limited jurisdiction of the Magistrates' Court.

An assault matter may be aggravated depending on the degree of planing involved in the assault, and its duration. However, mitigating factors can reduce the prospect of imprisonment, and it is common for accused to be fined, or placed on a Community Corrections Order instead.

 

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302/530 Little Collins St, Melbourne VIC 3000, Australia

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