What the law says
Assault is the direct or indirect application of force by a person to another person’s body, clothing or equipment that is worn. The application of force also includes the application of heat, light, matter (solid, liquid or gaseous form), electric current or any other form of energy to the body of the victim.
The application of force must be attended by the following elements:
An example of the offence is when the offender hits another person with intent to kill or to cause serious physical injury.
Indictable offences are serious crimes tried in court by a judge and jury or in some instances, by a Magistrate. As provided in Section 28 of the Criminal Procedure Act 2009, it is under the jurisdiction of a Magistrate to hear and decide criminal cases that are punishable by a maximum penalty of imprisonment of 10 years or less or a fine up to 771 penalty units or less.
The accused has an option to have the case heard and decided by the Magistrates’ Court but absent such consent or if there are other more serious charges against the accused then the case will be heard in the County Court of Victoria.
The police and the prosecution must prove the following elements beyond reasonable doubt:
A person accused of this offence can dispute the factual circumstances as alleged by the prosecution. The accused can counter that there was no intention to commit an indictable offence or that the accused acted in self-defence.