Recklessness: Report
Appendix C: Other categories of assaults outside of the Crimes Act 1958 (Vic)
In Chapter 4, we set out a hierarchy of offences with recklessness as a fault element, and alternative offences that may be charged. We did not include all the available assault charges outside of the Crimes Act; we list them here for completeness.
Table 20
|
Offence |
Maximum penalty (term of imprisonment) |
|---|---|
|
Common law assault Indictable offence triable summarily |
Five years.[1] 10 years if the person has an offensive weapon and the victim is a police or protective services officer on duty.[2] 15 years if the person has a firearm or imitation firearm and the victim is a police or protective services officer on duty.[3] If the person has an offensive weapon/firearm/imitation firearm and the victim is a police or protective services officer on duty, common law assault is a Category 2 offence (mandatory custodial) under the Sentencing Act 1991 (Vic) if committed on/after 5 June 2019 and if the assault included the direct ‘application of force’.[4] |
|
Aggravated assault Summary Offences Act 1966 (Vic) s 24 |
For an assault against a male child under 14 or any female where the assault is too serious to be punished under section 23 common assault: six months. For an assault in company with another person (multiple offenders): 12 months. For an assault by kicking, or with the use of a weapon or instrument: two years. |
|
Assaulting, resisting, obstructing, hindering or delaying emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty Summary Offences Act 1966 (Vic) s 51 |
60 penalty units[5] or imprisonment for six months. |
|
Assaulting registered health practitioners Summary Offences Act 1966 (Vic) s 51A |
60 penalty units or imprisonment for six months. |
|
Common assault (unlawful assault) Summary Offences Act 1966 (Vic) s 23 |
15 penalty units or imprisonment for three months. |
Appendix D: Provisions of the Crimes Act 1958 (Vic) that include the concept of ‘recklessness’[1]
Table 21
Provision
Title
Language used: ‘reckless’ or ‘recklessly’
Language used: ‘likely’ or ‘more likely than not’
Language used: ‘probable’ or ‘probably’
Language used: ‘substantial risk’
Part I, Division 1
Offences against the person
s 3
Punishment for murder
X
s 15A
Causing serious injury intentionally in circumstances of gross violence
X
s 15B
Causing serious injury recklessly in circumstances of gross violence
X
s 17
Causing serious injury recklessly
X
s 18
Causing injury intentionally or recklessly
X
s 19
Offence to administer certain substances
X
s 20
Threats to kill
X
s 21
Threats to inflict serious injury
X
s 21A
Stalking
X
s 22
Conduct endangering life
X
s 23
Conduct endangering persons
X
s 25
Setting traps etc. to kill
X
s 26
Setting traps etc. to cause serious injury
X
s 31
Assaults
X
s 31C
Discharging a firearm reckless to safety of a police officer or a protective services officer
X
s 43
Threat to commit a sexual offence
X
s 44
Procuring sexual act by threat
X
s 45
Procuring sexual act by fraud
X
s 47
Abduction or detention for a sexual purpose
X
s 48
Sexual activity directed at another person
X
s 49F
Sexual activity in the presence of a child under the age of 16
X
s 49G
Sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority
X
s 49P
Abduction or detention of a child under the age of 16 for a sexual purpose
X
s 49S
Facilitating a sexual offence against a child
X
s 51B
Involving a child in the production of child abuse material
X
s 51C
Producing child abuse material
X
s 51D
Distributing child abuse material
X
s 51H
Accessing child abuse material
X
s 52D
Sexual activity in the presence of a person with a cognitive impairment or mental illness
X
s 53B
Using force, threat etc. to cause another person to provide commercial sexual services
X
s 53C
Causing another person to provide commercial sexual services in circumstances involving sexual servitude
X
s 53D
Conducting a business in circumstances involving sexual servitude
X
s 53E
Aggravated sexual servitude
X
s 53G
Aggravated deceptive recruiting for commercial sexual services
X
s 53R
Producing intimate image
X
s 53S
Distributing intimate image
X
s 53T
Threat to distribute intimate image
X
Part I, Division 2
Theft and similar or associated offences
s 77
Aggravated burglary
X
s 77B
Aggravated home invasion
X
s 81
Obtaining property by deception
X
s 191
Fraudulently inducing persons to invest money
X
Part I, Division 2AA
Identity crime
s 192B
Making, using or supplying identification information
X
s 192C
Possession of identification information
X
Part I, Division 2A
Money laundering etc
s 194
Dealing with proceeds of crime
X
s 195A
Dealing with property which subsequently becomes an instrument of crime
X
Part I, Division 2B
Cheating at gambling
s 195C
Engaging in conduct that corrupts or would corrupt a betting outcome of event or event contingency
X
s 195D
Facilitating conduct that corrupts or would corrupt a betting outcome of event or event contingency
X
s 195E
Concealing conduct, agreement or arrangement
X
s 195F
Use of corrupt conduct information for betting purposes
X
Part I, Division 2C
Offences against public order and grossly offensive public conduct
s 195H
Affray
X
s 195I
Violent disorder
X
s 195K
Grossly offensive public conduct
X
X
Part I, Division 3
Criminal damage to property
s 197
Destroying or damaging property
X
s 198
Threats to destroy or damage property
X
s 199
Possessing anything with intent to destroy or damage property
X
s 201A
Intentionally or recklessly causing a bushfire
X
s 246C
Endangering safety of an aircraft
X
s 247C
Unauthorised modification of data to cause impairment
X
s 247D
Unauthorised impairment of electronic communication
X
Part 1, Division 4
Contamination of goods
s 249
Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
X
s 250
Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
X
s 251
Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
X
s 252
Territorial nexus for offences
X
Part I, Division 5A
Intimidation and reprisals relating to witnesses, etc
s 257
Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding
X
Part I, Division 8A
Driving offences connected with emergency workers, custodial officers, youth justice custodial workers and emergency service vehicles
s 317AC
Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AD
Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AE
Recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AF
Aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AG
Damaging an emergency service vehicle
X
Part I, Division 9
Driving offences connected with motor vehicles
s 318
Culpable driving causing death
X
(including a specific definition of recklessness that differs from the definition applied to other Crimes Act offences)[2]
X
s 319
Dangerous driving causing death or serious injury
X
Part I, Division 9AA
Offences connected with dangerous, menacing and restricted breed dogs and related court powers
s 319B
Failure to control dangerous, menacing or restricted breed dog that kills person
X
s 319C
Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death
X
Part I, Division 9A
Penalties for certain common law offences
s 320A
Maximum term of imprisonment for common assault in certain circumstances
X
X
Part I, Division 11A
Recruiting a child to engage in criminal activity
s 321LB
Recruiting a child to engage in criminal activity
X
Part II, Division 1
Abettors, accessories and concealers of offences
s 323
Interpretation
X
Part III, Division 1
Pleading procedure, proof &c.
s 464JA
Offences in relation to recordings
X
s 464ZE
Evidence relating to forensic procedures or DNA profile samples
X
s 464ZGG
Supply of forensic material for purposes of DNA database
X
s 464ZGI
Permissible matching of DNA profiles
X
s 464ZGJ
Recording, retention and removal of identifying information on DNA database
X
s 464ZGK
Disclosure of Victorian information
X
-
Crimes Act 1958 (Vic) s 320.
-
The 10-year maximum penalty applies if at the time of the assault the person who commits the assault has an offensive weapon readily available; and the person assaulted is a police or protective services officer on duty; and the offender knows or is reckless as to whether the victim is a police or protective services officer; and the offender enables the victim to see the weapon or its general shape or tells or suggests to the victim that the offender has the weapon; and the offender knows or in all the circumstances ought to have known that engaging in the conduct would be likely to arouse apprehension or fear: Crimes Act 1958 (Vic) s 320A(1).
-
The 15-year maximum penalty applies if at the time of the assault, the person who commits the assault has a firearm or imitation firearm readily available; and the person assaulted is a police or protective services officer on duty; and the offender knows or is reckless as to whether the victim is a police or protective services officer; and the offender enables the victim to see the firearm or imitation firearm or its general shape or tells or suggests to the victim that the offender has the weapon; and the offender knows or in all the circumstances ought to have known that engaging in the conduct would be likely to arouse apprehension or fear: Crimes Act 1958 (Vic) 320A(2).
-
Within the meaning of Crimes Act 1958 (Vic) s 31(2).
-
Penalty units determine the amount a person is fined. The value of a penalty unit is set annually by the Victorian Treasurer and is updated on 1 July each year. From 1 July 2023 to 30 June 2024, the value of the penalty unit is $192.31: Department of Justice and Community Safety (Vic) Penalties and Values (Web Page, 28 June 2023) <https://www.justice.vic.gov.au/justice-system/fines-and-penalties/penalties-and-values>.
-
‘consciously and unjustifiably disregards a substantial risk [that] … may result …’: Crimes Act 1958 (Vic) s 318(2)(a)
Provision
Title
Language used: ‘reckless’ or ‘recklessly’
Language used: ‘likely’ or ‘more likely than not’
Language used: ‘probable’ or ‘probably’
Language used: ‘substantial risk’
Part I, Division 1
Offences against the person
s 3
Punishment for murder
X
s 15A
Causing serious injury intentionally in circumstances of gross violence
X
s 15B
Causing serious injury recklessly in circumstances of gross violence
X
s 17
Causing serious injury recklessly
X
s 18
Causing injury intentionally or recklessly
X
s 19
Offence to administer certain substances
X
s 20
Threats to kill
X
s 21
Threats to inflict serious injury
X
s 21A
Stalking
X
s 22
Conduct endangering life
X
s 23
Conduct endangering persons
X
s 25
Setting traps etc. to kill
X
s 26
Setting traps etc. to cause serious injury
X
s 31
Assaults
X
s 31C
Discharging a firearm reckless to safety of a police officer or a protective services officer
X
s 43
Threat to commit a sexual offence
X
s 44
Procuring sexual act by threat
X
s 45
Procuring sexual act by fraud
X
s 47
Abduction or detention for a sexual purpose
X
s 48
Sexual activity directed at another person
X
s 49F
Sexual activity in the presence of a child under the age of 16
X
s 49G
Sexual activity in the presence of a child aged 16 or 17 under care, supervision or authority
X
s 49P
Abduction or detention of a child under the age of 16 for a sexual purpose
X
s 49S
Facilitating a sexual offence against a child
X
s 51B
Involving a child in the production of child abuse material
X
s 51C
Producing child abuse material
X
s 51D
Distributing child abuse material
X
s 51H
Accessing child abuse material
X
s 52D
Sexual activity in the presence of a person with a cognitive impairment or mental illness
X
s 53B
Using force, threat etc. to cause another person to provide commercial sexual services
X
s 53C
Causing another person to provide commercial sexual services in circumstances involving sexual servitude
X
s 53D
Conducting a business in circumstances involving sexual servitude
X
s 53E
Aggravated sexual servitude
X
s 53G
Aggravated deceptive recruiting for commercial sexual services
X
s 53R
Producing intimate image
X
s 53S
Distributing intimate image
X
s 53T
Threat to distribute intimate image
X
Part I, Division 2
Theft and similar or associated offences
s 77
Aggravated burglary
X
s 77B
Aggravated home invasion
X
s 81
Obtaining property by deception
X
s 191
Fraudulently inducing persons to invest money
X
Part I, Division 2AA
Identity crime
s 192B
Making, using or supplying identification information
X
s 192C
Possession of identification information
X
Part I, Division 2A
Money laundering etc
s 194
Dealing with proceeds of crime
X
s 195A
Dealing with property which subsequently becomes an instrument of crime
X
Part I, Division 2B
Cheating at gambling
s 195C
Engaging in conduct that corrupts or would corrupt a betting outcome of event or event contingency
X
s 195D
Facilitating conduct that corrupts or would corrupt a betting outcome of event or event contingency
X
s 195E
Concealing conduct, agreement or arrangement
X
s 195F
Use of corrupt conduct information for betting purposes
X
Part I, Division 2C
Offences against public order and grossly offensive public conduct
s 195H
Affray
X
s 195I
Violent disorder
X
s 195K
Grossly offensive public conduct
X
X
Part I, Division 3
Criminal damage to property
s 197
Destroying or damaging property
X
s 198
Threats to destroy or damage property
X
s 199
Possessing anything with intent to destroy or damage property
X
s 201A
Intentionally or recklessly causing a bushfire
X
s 246C
Endangering safety of an aircraft
X
s 247C
Unauthorised modification of data to cause impairment
X
s 247D
Unauthorised impairment of electronic communication
X
Part 1, Division 4
Contamination of goods
s 249
Contaminating goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
X
s 250
Threatening to contaminate goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
X
s 251
Making false statements concerning contamination of goods with intent to cause, or being reckless as to whether it would cause, public alarm or economic loss
X
s 252
Territorial nexus for offences
X
Part I, Division 5A
Intimidation and reprisals relating to witnesses, etc
s 257
Intimidation or reprisals relating to involvement in criminal investigation or criminal proceeding
X
Part I, Division 8A
Driving offences connected with emergency workers, custodial officers, youth justice custodial workers and emergency service vehicles
s 317AC
Intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AD
Aggravated offence of intentionally exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AE
Recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AF
Aggravated offence of recklessly exposing an emergency worker, a custodial officer or a youth justice custodial worker to risk by driving
X
s 317AG
Damaging an emergency service vehicle
X
Part I, Division 9
Driving offences connected with motor vehicles
s 318
Culpable driving causing death
X
(including a specific definition of recklessness that differs from the definition applied to other Crimes Act offences)[2]
X
s 319
Dangerous driving causing death or serious injury
X
Part I, Division 9AA
Offences connected with dangerous, menacing and restricted breed dogs and related court powers
s 319B
Failure to control dangerous, menacing or restricted breed dog that kills person
X
s 319C
Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death
X
Part I, Division 9A
Penalties for certain common law offences
s 320A
Maximum term of imprisonment for common assault in certain circumstances
X
X
Part I, Division 11A
Recruiting a child to engage in criminal activity
s 321LB
Recruiting a child to engage in criminal activity
X
Part II, Division 1
Abettors, accessories and concealers of offences
s 323
Interpretation
X
Part III, Division 1
Pleading procedure, proof &c.
s 464JA
Offences in relation to recordings
X
s 464ZE
Evidence relating to forensic procedures or DNA profile samples
X
s 464ZGG
Supply of forensic material for purposes of DNA database
X
s 464ZGI
Permissible matching of DNA profiles
X
s 464ZGJ
Recording, retention and removal of identifying information on DNA database
X
s 464ZGK
Disclosure of Victorian information
X
Crimes Act 1958 (Vic) s 320.
The 10-year maximum penalty applies if at the time of the assault the person who commits the assault has an offensive weapon readily available; and the person assaulted is a police or protective services officer on duty; and the offender knows or is reckless as to whether the victim is a police or protective services officer; and the offender enables the victim to see the weapon or its general shape or tells or suggests to the victim that the offender has the weapon; and the offender knows or in all the circumstances ought to have known that engaging in the conduct would be likely to arouse apprehension or fear: Crimes Act 1958 (Vic) s 320A(1).
The 15-year maximum penalty applies if at the time of the assault, the person who commits the assault has a firearm or imitation firearm readily available; and the person assaulted is a police or protective services officer on duty; and the offender knows or is reckless as to whether the victim is a police or protective services officer; and the offender enables the victim to see the firearm or imitation firearm or its general shape or tells or suggests to the victim that the offender has the weapon; and the offender knows or in all the circumstances ought to have known that engaging in the conduct would be likely to arouse apprehension or fear: Crimes Act 1958 (Vic) 320A(2).
Within the meaning of Crimes Act 1958 (Vic) s 31(2).
Penalty units determine the amount a person is fined. The value of a penalty unit is set annually by the Victorian Treasurer and is updated on 1 July each year. From 1 July 2023 to 30 June 2024, the value of the penalty unit is $192.31: Department of Justice and Community Safety (Vic) Penalties and Values (Web Page, 28 June 2023) <https://www.justice.vic.gov.au/justice-system/fines-and-penalties/penalties-and-values>.
‘consciously and unjustifiably disregards a substantial risk [that] … may result …’: Crimes Act 1958 (Vic) s 318(2)(a)