Victorian Current Acts Victorian Current Acts(1) Despite section 320, the maximum term of imprisonment for common assault is level 5 imprisonment (10 years maximum) if—
(a) at the time of the assault, the person who commits the assault (the offender ) has an offensive weapon readily available; and
(b) the person assaulted (the victim ) is a police officer on duty or a protective services officer on duty; and
(c) the offender knows or is reckless as to whether the victim is a police officer or a protective services officer; and
(d) the offender—
(i) enables the victim to see the offensive weapon or the general shape of the offensive weapon; or
(ii) tells or suggests to the victim that the offender has an offensive weapon or a firearm readily available; and
(e) the offender—
(i) knows that engaging in conduct referred to in subsection (1)(d) would be likely to arouse apprehension or fear; or
(ii) in all the particular circumstances, the person ought to have known that engaging in conduct referred to in subsection (1)(d) would be likely to arouse that apprehension or fear.
Notes
1 A common assault referred to in this subsection if committed in certain circumstances is a category 2 offence under the Sentencing Act 1991 . See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that section exist.
2 Section 16(3E) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for a common assault at common law if committed in certain circumstances must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
(2) Despite section 320, the maximum term of imprisonment for common assault is level 4 imprisonment (15 years maximum) if—
(a) at the time of the assault, the person who commits the assault (the offender ) has a firearm or an imitation firearm readily available; and
(b) the person assaulted (the victim ) is a police officer on duty or a protective services officer on duty; and
(c) the offender knows or is reckless as to whether the victim is a police officer or a protective services officer; and
(d) the offender—
(i) enables the victim to see the firearm or the imitation firearm or the general shape of the firearm or the imitation firearm; or
(ii) tells or suggests to the victim that the offender has a firearm or an imitation firearm readily available; and
(e) the offender—
(i) knows that engaging in conduct referred to in subsection (2)(d) would be likely to arouse apprehension or fear; or
(ii) in all the particular circumstances, the person ought to have known that engaging in conduct referred to in subsection (2)(d) would be likely to arouse that apprehension or fear.
Notes
1 A common assault referred to in this subsection if committed in certain circumstances is a category 2 offence under the Sentencing Act 1991 . See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that section exist.
2 Section 16(3E) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for a common assault at common law if committed in certain circumstances must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
(3) For the purposes of subsections (1) and (2), a person has an offensive weapon, a firearm or an imitation firearm readily available if the offensive weapon, the firearm or the imitation firearm is—
(a) in the person's hand; or
(b) on the person's body; or
(c) within the person's reach.
(4) In this section—
"firearm" has the same meaning as it has in the Firearms Act 1996 ;
"imitation firearm" has the same meaning as in section 77(1A) ;
"offensive weapon" means any article (other than a firearm or an imitation firearm) made or adapted for use for causing injury to or incapacitating a person, or which at the time of an assault the person having it with them intends or threatens to use for such a purpose;
"police officer on duty" means a police officer who is performing any duty or exercising any power as such an officer;
"protective services officer on duty" means a protective services officer who is performing any duty or exercising any power as such an officer.
Pt 1 Div. 10 (Heading and s. 322) repealed by No. 9576 s. 8(a), new Pt 1 Div. 10 (Heading and ss 321 – 321F) inserted by No. 10079 s. 7(2).
Division 10—Conspiracy
New s. 321 inserted by No. 10079 s. 7(2).