Offences Archive - Cityscape Lawyers

Assault Police and other actions – s 60 of the Crimes Act 1900

This offence is not limited to an assault on police, where an accused person causes a police officer to fear immediate and unlawful violence (even where there is no intention to cause such a response.) or is physically struck. Being reckless to the act is enough to attract the charge. The offence also includes other actions such as: stalking, harassing, intimidating or throwing a missile at a police officer.

Resist or hinder police in the execution of duty – s 546C of the Crimes Act 1900

This offence is captured when a person resists or hinders a police officer; or incites another person to resist, hinder or assault a police officer. The word ‘resist’ is defined as follows: “Resistance implies the use of force to oppose some course of action which the person resisted is attempting to pursue”: R v Galvin (No 2) [1961] VR 740 at [749].

Destroy / damage property – s 195 of the Crimes Act 1900

This is where an accused intentionally or recklessly destroys or damages property belonging to another person. Section 194(1) of the Crimes Act 1900 defines property as something that is ‘of a tangible nature’.

Breach of an Apprehended Violence Order (“AVO”) – s 14 Crimes (Domestic and Personal Violence) Act 2007

A charge of breaching an AVO is often accompanied with other charges. For example, if a contact condition prohibits contact with a protected person, a simple act of replying to a text may entitle police to lay a breach of AVO charge and a stalk/intimidate charge.

Stalk / intimidate – s 13(1) Crimes (Domestic and Personal Violence) Act 2007

This is an offence where the accused must have stalked or intimidated another person with the intention of causing the other person to fear physical or mental harm. Even an attempt to stalk or intimidate is punishable as if the offence had been committed.

Choking, Suffocation or Strangulation – s 37 of the Crimes Act. (SI)

The offence is differentiated as follows: the gravity of the offence is increased where a person is rendered ‘unconscious, insensible or incapable of resistance.’ If this did not occur, then lowest form of the offence has been committed.

Riot – s 93B of the Crimes Act 1900

Section 93B of the Crimes Act 1900 provides that where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety

Violent Disorder – Section 11A of the Summary Offences Act 1988

Section 11A of the Summary Offences Act 1988 provides that a person who: if 3 or more persons who are present together use or threaten unlawful violence and the conduct of them is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using or threatening unlawful violence is guilty of an offence.

Affray – Section 93C of the Crimes Act 1900

Section 93C of the Crimes Act 1900 provides that a person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray.