Victorian Consolidated Legislation

Crimes Act 1958 - SECT 31

Assaults

31. Assaults





(1) A person who-

   (a)  assaults or threatens to assault another person with intent to commit
        an indictable offence; or

   (b)  assaults or threatens to assault, resists or intentionally obstructs-

   (i)  a member of the police force in the due execution of duty; or

   (ii) a person acting in aid of a member of the police force-

knowing that the member or person is such a member or person; or

   (c)  assaults or threatens to assault a person with intent to resist or
        prevent the lawful apprehension or detention of a person-

is guilty of an indictable offence.

Penalty: Level 6 imprisonment (5 years maximum).

(2) In subsection (1), assault means the direct or indirect application of
force by a person to the body of, or to clothing or equipment worn by, another
person where the application of force is-

   (a)  without lawful excuse; and

   (b)  with intent to inflict or being reckless as to the infliction of
        bodily injury, pain, discomfort, damage, insult or deprivation of
        liberty-

and results in the infliction of any such consequence (whether or not the
consequence inflicted is the consequence intended or foreseen).

(3) In subsection (2)-

application of force includes-

   (a)  application of heat, light, electric current or any other form of
        energy; and

   (b)  application of matter in solid, liquid or gaseous form.