Assault Lawyers Melbourne

Assault is defined in Section 23 of the Summary Offences Act 1966 (Vic). Cases in relation to this charge are heard in the Magistrates’ Court and penalties range from adjourned undertakings to terms of imprisonment.

There is a more serious variation of an assault charge called a Common Law assault offence which can be heard in both the Magistrates’ Court and in the County Court depending upon the seriousness of the circumstances of the offence. Common Law assault carries a maximum penalty of five years imprisonment.

Actions that may constitute assault include:

• Threatening to physically harm someone

• Punching, hitting or kicking another person without causing an injury

• Spitting on or at another person

To be found guilty of assault the prosecution must prove beyond reasonable doubt that you:

• Applied force to another person or threatened them with violence

• Acted intentionally or recklessly

• Did not have consent from the victim to carry out the act or acts

• That your act or acts were not in the course of ordinary social activity (e.g. shaking hands to greet someone)

Defences to a charge of assault include self-defence. An experienced JDA solicitor will be able to determine if you have a defence available to your case and can represent you in court.

Aggravated assault is listed in Section 24 of the Summary Offences Act 1966 (Vic) and includes assault offense committed against females, children, in company, by kicking or using weapons.

Two kinds of aggravated assault exist in Victoria:

• Aggravated assault against women or children under the age of 14 where offences can range up to six months imprisonment; or

• Assaults which include multiple people carrying out the act, kicking or the use of weapons for which you can be sentenced up to two years’ imprisonment.

The crime of aggravated assault like any other criminal offence must be proved beyond reasonable doubt.

You will not be found guilty if there is reasonable doubt as to whether you committed this offence or if a defence such as self-defence can be established.

Expert advice from a qualified legal practitioner such as a JDA solicitor will assist you in identifying relevant defences.

The crime of stalking in Victoria is listed in section 21A of the Crimes Act 1958 (Vic).

It is considered a serious offence with a maximum penalty of 10 years imprisonment.

Several amendments have been made to the Crimes Act in recent years to include cyberstalking, threats and psychological harm.

Stalking includes acts undertaken with the intention of causing physical or mental harm or fear for another person’s safety.

Some examples include but are not limited to:

• Repeatedly contacting someone

• Keeping a person under surveillance

• Tracking someone’s use of the internet, email or other electronic communications without their consent

• Entering or waiting outside someone’s house or other places they frequent

• Making threats

In order to be convicted with stalking, it must be proved beyond reasonable doubt that the accused engaged in the listed conduct intentionally.

Stalking is not applicable to cases in which the acts were undertaken for the purpose of protecting public revenue, enforcing the law or executing a warrant.

Defences to stalking include the activity in question being:

• Related to the normal course of business or trade

• For the purpose of an industrial dispute

• For political or public affairs purposes

Expert legal advice may help identify possible defences and represent you in court.

The crime of Stalking in Victoria is listed in Section 21A of the Crimes Act 1958.

It is considered a serious offence, with a maximum penalty of 10 years’ imprisonment.

Several amendments have been made to the Crimes Act in recent years to include cyberstalking, threats, and psychological harm.

Stalking includes acts undertaken with the intention of causing physical or mental harm or fear for one’s safety.

Some examples include, but are not limited to:

• Repeatedly contacting someone

• Surveilling someone

• Tracking someone’s use of the internet, email or other electronic communications without their consent

• Entering or waiting outside someone’s house or other places they frequent

• Making threats

In order to be convicted with Stalking, it must be proved beyond reasonable doubt that the accused engaged in the listed conduct intentionally. The accused bears the burden of proof in establishing that they acted without malice.

Stalking is not applicable to cases in which the acts were undertaken for the purpose of protecting public revenue, enforcing the law, or executing a warrant.

Defences to Stalking include the activity in question being:

• Related to the normal course of business or trade

• For the purpose of an industrial dispute

• For political or public affairs purposes

Expert legal advice may help identify possible defences and represent you in court.

Sections 15 to 18 of the Crimes Act 1958 (Vic) outline the offences of intentionally or recklessly causing injury including when those offences result in serious injury or occur in circumstances of gross violence. These cases are generally heard in the County Court, save for the offences of intentionally causing injury and recklessly causing injury which can be and are routinely heard in the Magistrates’ Court. Occasionally the offence of intentionally causing serious injury will be heard in the Supreme Court.

The multiple offences which come under these sections range in severity and include premeditated assaults, group assaults and where substantial and protracted or life threatening injuries are sustained.

The maximum penalty for recklessly causing injury is five years imprisonment.

In order to convict someone of recklessly causing injury it must be proved beyond reasonable doubt that:

• The victim suffered an injury

• The accused caused the injury

• The accused acted recklessly

• There was no lawful justification

The maximum penalty for intentionally causing injury is 10 years imprisonment.

In order to convict someone of intentionally causing injury it must be proved that:

• The victim suffered an injury

• The accused caused the injury

• The accused acted intentionally

• There was no lawful justification

Various factors influence the penalty imposed in court including the type of injury and the circumstances in which the injury occurred.

If any of the above stated elements cannot be proved beyond reasonable doubt, a defendant will not be found guilty of intentionally or recklessly causing injury.

JDA’s expert criminal lawyers can help represent you in court and seek the best outcome for your case.

Other Specific Assault Related Offences Include:

• Conduct Endangering Serious Injury or Life

• Extortion With Threat to Kill

• Assaulting Emergency Workers

• Kidnapping

• False Imprisonment