Assaults / Violence Offences – VIC

Welcome to the VIC Aggravated assault article page. Everything you need to know about Aggravated assault according to VIC law.

What the Law States according to VIC Law for Aggravated assault

According to VIC Law for the charge of Aggravated assault,

Summary Offences Act 1966 – SECT 24
Aggravated assault

24. Aggravated assault

(1) (a) Where a person is convicted before the Magistrates’ Court of an assault or battery upon any male child whose age in the opinion of the court does not exceed fourteen years or upon any female, if in the opinion of the court the assault or battery is of such an aggravated nature that it cannot sufficiently be punished under the last preceding section, the person offending shall be liable on conviction to a penalty of 25 penalty units or to imprisonment for six months and the court may (if it thinks fit in any of the said cases) without any further or other charge adjudge any person convicted to enter into a recognizance and find sureties to keep the peace and be of good behaviour for a term of not more than six months from the expiration of such sentence..

(b) In default of compliance with any such order to enter into a recognizance and find sureties the court may order a defendant to be imprisoned until he complies with the order:

Provided that no person shall be imprisoned for non-compliance with any such order for a longer period than twelve months.

(2) Any person who in company with any other person or persons assaults another person shall be liable to imprisonment for twelve months and any person who by kicking or with any weapon or instrument whatsoever assaults another person shall be liable to imprisonment for two years.

The Maximum Penalty – Aggravated assault

According to VIC Law for the charge of Aggravated assault, and depending on the subsection, up to 2 years imprisonment.

What the Police must prove according to VIC Law for Aggravated assault

(1) (a)
1. Assault
2. Male under 14 or female
3. Opinion of Court that can not be punished enough under previous section

(2)
1. Assault
2. In company with another

or

1. Assault
2. Involving kicking

or

1. Assault
2. With a weapon

Possible Defences under VIC Law – Aggravated assault

1. Self defence
2. Wrong Identification
3. Factual dispute
4. Duress
5. Necessity

In VIC which court will hear the matter – Aggravated assault

Magistrates’ Court

Street Names for Aggravated assault

Assault on female, assault on child, assault in company

 

Date: 09/01/2009