Unlawful Assault

Unlawful assault also known as common assault in Victoria is a criminal offence that involves intentionally or recklessly applying force to another person without lawful justification or consent.

Legal Definition (Victoria)

Under Section 23 of the Summary Offences Act 1966, unlawful assault is defined as:

“Any person who unlawfully assaults or beats another person shall be guilty of an offence.”

What Counts as Unlawful Assault?

Even minor physical contact can qualify, but police typically charge someone when there’s:

  • A significant degree of force (e.g. punching, kicking, spitting)
  • Threats of violence that cause fear of immediate harm

Key Elements Prosecutors Must Prove

To secure a conviction, they must show:

  • You intentionally or recklessly applied force or threatened violence
  • The victim did not consent
  • There was no lawful excuse (e.g. self-defence)

Possible Defences

  • Self-defence or defence of another
  • Consent from the other person
  • Lawful justification (e.g. medical procedures)
  • Lack of intent or foreseeability

Penalties

  • Maximum of 3 months imprisonment or a fine of 15 penalty units
  • Heard in the Magistrates’ Court as a summary offence

If you’re facing a charge or just curious about how this applies in real life, I can walk you through examples or help explore legal resources. Want to dig deeper into how self-defence works in these cases?

Recklessly causing bodily harm

Recklessly causing bodily harm is a serious criminal offence in Australia that involves injuring someone without intending to but knowing there was a risk and choosing to act anyway.

Legal Meaning

In Victoria, under Section 18 of the Crimes Act 1958, a person is guilty if they:

  • Cause injury to another person
  • Act recklessly meaning they were aware their actions could cause harm, but went ahead regardless

This differs from intentional harm, where the person meant to injure someone. Recklessness is about foreseeing the risk and ignoring it.

Examples

  • Throwing a glass bottle in a crowded room
  • Driving aggressively through a pedestrian zone
  • Starting a fight without intending serious injury, but someone gets hurt

What Prosecutors Must Prove

  • The accused caused actual bodily harm
  • They foresaw the possibility of injury
  •  They acted anyway, without lawful excuse

Possible Defences

  • Self-defence
  • Accident (no foresight of harm)
  • Lack of causation (someone else caused the injury)

Penalties

  • Up to 5 years imprisonment for recklessly causing injury
  • Up to 15 years if the injury is classified as serious (e.g. permanent disfigurement)

Mental State: Recklessness vs. Intention

Aspect

Reckless Harm

Intentional Harm

State of Mind

The person foresaw a risk of harm but chose to act anyway

The person wanted to cause harm or knew it was certain to occur

Mens Rea (Fault Element)

Awareness of a substantial and unjustifiable risk

A deliberate decision to cause injury

Example

Throwing a rock into a crowd, hoping it doesn’t hit anyone

Punching someone in the face with the intent to injure

Penalty (Victoria)

Up to 5 years for recklessly causing injury

Up to 10 years for intentionally causing injury

What Courts Look For

  • Recklessness: Did the accused recognize the risk and ignore it? Courts ask whether the risk was substantial and whether it was unjustifiable to take it.
  • Intention: Was the harm the goal of the action? If yes, it’s intentional.

Why It Matters

The distinction affects:

  • Charges laid (summary vs indictable)
  • Sentencing severity
  • Available defences (e.g. accident may apply to reckless, not intentional)

Want to explore how courts prove “recklessness” in borderline cases—or how juries interpret intent when it’s not obvious?

Common Assault

In Victoria, common assault also called unlawful assault is a criminal offence under Section 23 of the Summary Offences Act 1966. It covers situations where someone intentionally or recklessly:

  • Touches another person without their consent and without lawful excuse, or
  • Causes someone to fear immediate physical contact, even if no contact occurs

Examples of Common Assault

  • Slapping, pushing, or punching someone during an argument
  • Raising a fist or making a threatening gesture that causes fear
  • Throwing an object into a crowd, knowing it might hit someone

Key Legal Elements

To prove common assault, prosecutors must show:

  • The act was intentional or reckless
  • The victim did not consent
  • There was no lawful justification (e.g. self-defence)

Defences Available

  • Self-defence
  • Duress (acting under threat)
  • Reasonable chastisement (in limited cases involving children)
  • Accident or lack of intent

Penalties

  • Maximum of 3 months imprisonment or a fine of 15 penalty units
  • Usually dealt with in the Magistrates’ Court as a summary offence

Stalking and Harassment

Legal Framework

  • Stalking is defined under Section 21A of the Crimes Act 1958 (Vic). It includes any repeated behaviour intended to cause physical or mental harm, or fear for safety. This can involve following, loitering, contacting, or even sending unwanted gifts.
  • Harassment may fall under stalking laws or other criminal provisions, especially if it involves threats, intimidation, or persistent unwanted contact.

 Cyberstalking & Online Harassment

  • Using technology to harass like sending abusive messages, impersonating someone, or tracking their online activity is also covered under Victorian law.
  • You can report online stalking through ReportCyber, especially if the behaviour occurs mainly online.

Penalties

  • The maximum penalty for stalking in Victoria is 10 years imprisonment.
  • Other consequences may include intervention orders, fines, or community correction orders, depending on the severity and context.