Assaults / Violence Offences – VIC

Welcome to the VIC Common assault (common law) article page. Everything you need to know about Common assault (common law) according to VIC law.

What the Law States according to VIC Law for Common assault (common law)

According to VIC Law for the charge of Common assault (common law):

This is a common law offence which means that it does not come under particular legislation. The law surrounding it is from case law rather than legislation by parliament.

If you look at what must be proved that is basically what the law is in relation to this charge.

There is then a lot of case law that explains this law in greater detail.

The Maximum Penalty – Common assault (common law)

According to VIC Law for the charge of Common assault (common law):

As a common law offence there is no maximum penalty. It can be punished by fine or imprisonment or both.

There is no limit to the penalty unless it is inordinate(excessive).

What the Police must prove according to VIC Law for Common assault (common law)

(a) The accused unlawfully assaulted or beat another person.

Possible Defences under VIC Law – Common assault (common law)

(a) Duress
(b) Factual dispute
(c) Identification dispute
(d) Lack of intent
(e) Mental impairment
(f) Necessity
(g) Self-defence

In VIC which court will hear the matter – Common assault (common law)

County Court

 

Date: 09/01/2009