Self-defence is a complete defence to assault in Victoria. Under section 322K of the Crimes Act 1958, you are not guilty if you believed your conduct was necessary and it was a reasonable response in the circumstances as you saw them. The prosecution must disprove it.
Using a mobile phone illegally while driving in Victoria carries a $627 fine and 4 demerit points, under the Road Safety Road Rules 2017. Learner and P-plate drivers cannot use a phone at all, and detection cameras now enforce the rules automatically.
Driving when you have never held a licence is an offence under section 18 of the Road Safety Act 1986, carrying up to 60 penalty units or 6 months imprisonment. That is far more than the penalty for an expired licence, and the court can also delay when you may apply for a licence.
Victoria has no single offence called “assault with a weapon.” A weapon instead escalates the charge, lifting an assault from a minor summary matter to a serious indictable offence, and where a weapon is used to cause serious injury the maximum reaches 20 years with a statutory minimum term.
Common assault in Victoria carries a maximum of 15 penalty units or 3 months imprisonment, but a first-time offender rarely faces the maximum. Diversion, a good behaviour bond, or a fine without a conviction are common outcomes, and imprisonment is unlikely for a genuine first offence.
An assault charge linked to family violence uses the same Crimes Act 1958 offences, but the family violence context changes everything around it. There is a pro-charge police response, a safety notice or intervention order running alongside the criminal charge, tougher bail, a complainant who cannot simply drop the matter, and family violence treated as an aggravating factor at sentencing.
