>[!INFO] >[s. 23 Summary Offences Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/soa1966189/s23.html "Common Assault") — Any **person** who **unlawfully [[assault|assaults]]** or beats another person. >[!success] Victorian Judicial College >The Victorian Judicial College has a [Charge Book section](http://www.judicialcollege.vic.edu.au/eManuals/CCB/index.htm#4960.htm "Charge Book - Common Assault") relating to this matter. # Example Jim unlawfully and without a reasonable excuse gives Betty a big shove. Betty sustains no visible injuries, but wishes to report the assault to police and make a victim statement. # Power of Arrest [Section 459 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s459.html "Section 459 of the Crimes Act.") # Jurisdiction Summary Offence #summary-offence heard at the Magistrates' Court. # Defences - Consent - Amicable Contest - Misadventure or Accident - Execution of the Law - Lawful Correction or Chastisement - Self-Defence # Points of Proof 1. The offence occurred at the *place* and *time* alleged. 2. The offender *was the accused*. 3. The accused *assaulted another person*. # Assault and battery Assault may include both an *assault* or *display of force* and battery or application of force. An assault is an intentional or reckless act that causes another person to apprehend or perceive immediate and unlawful personal violence: Fagan v Commissioner of Metropolitan Police [1969] 1 QB 439. It is not necessary that the complainant is put in fear. Older cases that use the termc“fear” use it synonymously with “apprehend” or “perceive”: ACN 087 528 774 Pty Ltd (formerly Connex Trains Melbourne Pty Ltd) v Chetcuti (2008) 21 VR 559 at 565; Slaveski v Victoria [2010] VSC 441 at [223]; Brady v Schatzel; Ex parte Brady [1911] St R Qd 206 at 208