Have you been charged with Common Assault, also known as Unlawful Assault in Victoria?
Common Assault is a summary offence. It is confusing because it is often referred to as ‘unlawful assault’ in Victoria, but the title in the Summary Offences Act 1966 is ‘common assault’.
If you have been charged with common assault, make an appointment to see one of our experienced criminal lawyers today.
Being found guilty of this charge can result in a fine or even imprisonment, and you will need to carefully consider some questions before advising the court whether you intend to plead guilty or not guilty.
The term ‘assault’ is defined very broadly in the legislation. Speak to a specialist criminal lawyer before proceeding further.
Read on for further information on the charge of common assault, or follow the link for further detailed information about ‘What is an assault?’
Elements of the offence
Section 23 of the Summary Offences Act 1966 (Vic), common assault.
The prosecution must prove:
- The defendant unlawfully assaulted or beat another person.
The maximum penalty
The maximum penalty for common assault (unlawful assault) is 15 penalty units or imprisonment for 3 months (Summary Offences Act 1966 s23).
Importantly, if a person is convicted before the Magistrates’ Court for common assault against a male child (up to 14 years of age) or any female and the court thinks that the assault is of such an aggravated nature that it cannot sufficiently be punished with the above penalty, the offender is liable to a penalty of 25 penalty units or 6 months imprisonment (note, this is a type of ‘Aggravated Assault‘ per s24). The court can also make any orders to enter into a recognizance and find sureties, in default of which an accused may be imprisoned for up to 12 months.
Where will my case be heard?
Common assault (unlawful assault) cases can only be heard in the Magistrates’ Court of Victoria unless there is consent to move the matter to the County Court or Supreme Court to be heard with other more serious matters. The power to move the charge to those Courts exists under section 242 of the Criminal Procedure Act 2009 (Vic).
Questions to consider
Can the prosecution make out their case? Did you assault the victim? In what circumstances? What constitutes an assault? Did you act alone, or was there a co-accused? Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence?
Discussing your options with an experienced criminal lawyer as soon as possible would be best.
What to do next?
Consult an experienced criminal lawyer urgently.
Don’t delay your preparation until the last minute; time and careful planning are essential for a favourable outcome.
The legislation for common assault in Victoria
Section 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.
