What is an common assault?
- In Victoria, common assault or unlawful as it is commonly known, occurs when someone intentionally or recklessly applies force to another person or causes them to fear that such force will be applied. The charge is found in section 23 of the Summary Offences Act 1966.
How Serious is a Common Assault charge
- In Victoria, a common assault charge is the least serious of all of the assault charges you can face in Victoria. It carries a maximum penalty of 3 months imprisonment or a maximum fine of 15 penalty units. It is a summary offence and in nearly all circumstances is dealt with in the Magistrates Court of Victoria.
- Common Assault is not to be confused with Common Law Assault. Common Law assault is a much more serious charge and carries a much heavier maximum penalty.
- To understand more about assault charges in Victoria, follow the link.
Common Assault Charge is known as Unlawful Assault Charge in Victoria?
In Victoria “Common Assault” is legally termed “unlawful assault”, which can be confusing. The Summary Offences Act refers to “unlawfully assaulting” someone, but the section is officially titled “Common Assault”. This dual terminology can lead to a misunderstandings in court and amongst the public.
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 ‘unlawful 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 more information about assault charges. It is not unusual for a person to be charges with mutiple teyps of assault charges regarding the one incident.
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 for Unlawful Assault
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). Assault in company; by kicking and with a weapon, is also covered by aggravated assault.
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 regarding unlawful assault?
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. It is a type of charge called a summary offence. The power to move the charge to those Courts exists under section 242 of the Criminal Procedure Act 2009 (Vic).
Questions to consider regarding unlawful Assault
- Can the prosecution make out their case?
- Did you assault the victim and in what circumstances?
- What constitutes an lawful assault?
- Did you act alone, or was there a co-accused? This can aggravate the offence.
- Was there an injury, if so more serious charges may apply.
- Have the police laid multiple charges in relation to the one incident?
- Do you have a defence? If you are pleading guilty, what can you do to minimise your sentence? A common defence in relation to unlawful assault if you were defending yourself.
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: Unlawful Assault Summary Offences Act
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.
