VIC Housemate Arrested By Police - What Might the Punishment Be?

[manfred]

Hi, I am an international student in Melbourne. Yesterday, one of my housemates argued with another one. During the argument, one of them in extreme rage took out his knife and hurt the others. 3 people got injured and 1 girl who even was not involved in the argument was badly hurt with her leg. She had been sent to the hospital for a emergent surgery. The raging one has been arrested by the police. However we just got that he had been released by the police in yesterday evening. Everyone in the room got a bit worried about this. Is it normal for him to be released so soon under criminal law, and what possible punishment is waiting for him? He is also an international student. Would he be sent back to his country?
Thank you!

 

[Sarah J]

Hi Manfred,

I hope the injured housemates will be okay!

Your housemate would most likely have been charged with assault causing bodily harm (i.e. non-serious injuries). Given that it involved injuries to a female, it may be escalated to aggravated assault.

If he is an international student, his visa may also be at risk and may be deported, but this will be a matter for the Immigration Department. This offence can be tried as an indictable (at the county court) or summary (at the magistrates' court) offence. The former will lead to harsher penalties if found guilty. This will depend on whether there are mitigating or aggravating circumstances surrounding the incident and what the police ultimately decide, taking into account the statements/wishes of the victims. The penalties will be fine and/or imprisonment. But the maximum number for the penalty depends on which offence he is ultimately charged with and which court the police wish to commence in.

Your housemate has been let out, most likely on bail, wherein he is not allowed to break conditions of bail otherwise he goes back into arrest and the sum of money set for his bail will be forfeited to the police.

Given that the charges have not been laid out, I suggest you speak with the police officer in charge, or the police station he was taken to, to enquire for more information.

 

[manfred]

Hi Manfred,

I hope the injured housemates will be okay!

Your housemate would most likely have been charged with assault causing bodily harm (i.e. non-serious injuries). Given that it involved injuries to a female, it may be escalated to aggravated assault.

If he is an international student, his visa may also be at risk and may be deported, but this will be a matter for the Immigration Department. This offence can be tried as an indictable (at the county court) or summary (at the magistrates' court) offence. The former will lead to harsher penalties if found guilty. This will depend on whether there are mitigating or aggravating circumstances surrounding the incident and what the police ultimately decide, taking into account the statements/wishes of the victims. The penalties will be fine and/or imprisonment. But the maximum number for the penalty depends on which offence he is ultimately charged with and which court the police wish to commence in.

Your housemate has been let out, most likely on bail, wherein he is not allowed to break conditions of bail otherwise he goes back into arrest and the sum of money set for his bail will be forfeited to the police.

Given that the charges have not been laid out, I suggest you speak with the police officer in charge, or the police station he was taken to, to enquire for more information.

Thank you so much for the reply. The female has finished her surgery and back home this morning. Until now,everything seems okay. We just hope it could ends as soon as possible.

 

[Sarah J]

Best of luck with it all. I'm glad your housemate is back home. Hope this matter gets investigated and sorted out!