Assault and Serious Injury Offences in Victoria: Legal Definitions, Penalties, and Family Violence Implications

Assault and serious injury offences in Victoria are governed by the Summary Offences Act 1966 and the Crimes Act 1958. These offences range from common assault to indictable charges involving intentional or reckless infliction of serious harm. For individuals facing allegations - especially in family violence contexts - understanding the legal framework, penalties, and available defences is essential.

Assault in a Family Violence Context

Assault allegations can have a significant impact on related jurisdictions involving intervention orders and family law parenting orders:

• Protective orders: Assault may justify the issuance or extension of a Family Violence Intervention Order (FVIO).  If your child witnessed the assault, is in need of the same protection as your partner, or even exposed to the after-effects of the assault then an intervention order may be made which prohibits you from having any contact with your child or partner.

• Evidence thresholds: Criminal proceedings require proof beyond reasonable doubt; FVIO proceedings operate on the balance of probabilities.

• Non-physical abuse: Threats, intimidation, control and emotional manipulation may justify an intervention order.  The conduct does not need to be criminal for an order to be issued under the Family Violence Protection Act 2008.

• Family Law: The Federal Circuit and Family Court will be heavily influenced by allegations of assault and by findings of guilt.  This may have a significant impact on the types of parenting orders you can expect the court to make. It may also impact on how property will be divided upon separation.

It is important to obtain the services of a lawyer immediately if you are alleged to have assaulted your partner in order to either defend the charge or minimise its impacts.

Common Assault (Summary Offences Act 1966 – s 23)

Common assault includes:

• Threatened violence (assault): causing someone to fear immediate unlawful contact.

• Actual physical contact (battery): intentional application of force, even minimal, without consent.

• Raising a fist or making verbal threats.

• Physical contact such as pushing, grabbing, or spitting.

Penalty: Up to 15 penalty units or 3 months’ imprisonment.

More Serious Assault Related Charges

Intentionally Causing Serious Injury (Crimes Act 1958 – s 16)

This is the most serious non-fatal assault offence in Victoria, requiring proof that the alleged assailant intended to cause serious injury.  It is a matter that is too serious for the Magistrate’s Court to pass sentence on.

Penalty: Up to 20 years’ imprisonment. Mandatory sentences are imposed where the victim is an emergency worker.

The prosecution must prove specific intent—not just an intention to act, but an intention to cause serious injury.

Recklessly Causing Serious Injury (Crimes Act 1958 – s 17)

This indictable offence applies when serious injury is caused without lawful excuse and the accused acted recklessly.

Penalty: Up to 15 years’ imprisonment.  Mandatory sentences are imposed where the victim is an emergency worker.

Recklessness requires foresight of probable—not merely possible—harm. This standard was affirmed in R v Campbell, raising the threshold for culpability in Victoria.

Intentionally Cause Injury or Recklessly Cause Injury (Crimes Act – s 18)

This involves the intentional or reckless infliction of an injury rather than serious injury.  These charges are most commonly heard in the Magistrate’s Court despite being indictable offences where you have a right to judge and jury. 

Penalty:

• Intentionally Causing Injury: 10 years maximum

• Recklessly Causing Injury: 5 years maximum

Threats to kill (Crimes Act – s 20)

A threat to kill is made without a lawful excuse and where the maker of the threat intends the receiver to fear the threat would be carried out or is reckless as to whether the receiver would have such a fear.  It must be clear the threat is to kill rather than seriously injure.

Penalty: This is a serious offence which carries up to 10 years jail.

Threats to inflict Serious Injury (s-19)

This offence is similar to making a threat to kill except that the threat must be made to cause serious injury.  A serious injury is defined in the Crimes Act 1958 and so the threat must be to cause an injury according to that definition rather than by reference to any common perception of what a serious injury is.

Penalty: Up to 5 years jail

Contravention / Breach of Intervention Order

If you are the respondent to a final or interim Family Violence Intervention Order (FVIO) then an assault is likely to contravene that order.  This can be a strict liability offence (s123) or one that requires specific intention if laid under the indicatable version of the charge (s123A)

Penalty:

• 2 years jail and a 240 penalty unit fine for an offence laid under s.123 of the Family Violence Protection Act.

• 5 years jail and a 600 penalty unit fine where you intent do cause harm or fear for safety under s123A of the Act.

Defences

Self-Defence:

Self defence is available where the assailant:

• Believes the conduct is necessary in self-defence / defence of another; and

• The conduct is a reasonable response to the circumstances.

This means that your honest belief must be objectively scrutinised to consider whether it was in fact reasonable.  The court will consider the unique circumstances of the situation to determine the issue.

Where the assault occurs in a family violence context the court can consider your actions in self-defence to be a reasonable response even if:

• The harm being responded to is not immediate; or

• The response involves a use of force in excess of the force / threat of harm being faced.

Other Defences

• Sudden or extraordinary emergency

• Accident

• Amicable Contest

• Consent (to less serious forms of assault)

• Mistaken identity

How Can I help?

I will bring my 25 years in the criminal justice system including 10 years as a criminal defence barrister to consider the evidence against you.  I will consider any available defence and advise you on your prospects of success.  My role, depending on the circumstances of your case includes:

• Defending the charge in court

• Negotiating with police

• Preparing a plea hearing and assisting with plea material.

• Considering the impact on other proceedings in the intervention order and family law context.