Assault Charges
In Queensland, an assault is unlawful and constitutes an offence unless it is authorised or justified or excused by law. There are several defences that may apply to assault charges including self-defence, defence of property or defence of another person.
It is important to get legal advice as to whether any of these defences can be applied to successfully defend an assault charge.
Definition of Assault
In Queensland, a person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an assault
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Common Assault Charges
In Queensland an assault may lead to one of several different charges being brought against a person. The lowest level of these offences is common assault.
A common assault typically involves such as actions as threatening another person, striking an individual and/or causing minor injuries (e.g., pushing, punching, slapping, kicking or hitting someone).
Common Assault Charges must usually be heard and decided in the Magistrates Court. The maximum penalty for this offence is 3 years imprisonment.
As the offence involves violence, the Court is not required to consider a sentence of imprisonment as a sentence of last resort. The Court is also not required to prefer a sentence which allows the offender to remain in the community.
Assaults occasioning bodily harm
If the assault causes some identifiable injury (e.g., bruise, laceration, fracture) which interferes with health or comfort then a person may be charged with Assaults occasioning bodily harm.
The maximum penalty for this offence is usually 7 years imprisonment however, if the bodily harm is caused while a person is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more others, the person is liable to imprisonment for 10 years.
As the offence involves violence, the Court is not required to consider a sentence of imprisonment as a sentence of last resort. The Court is also not required to prefer a sentence which allows the offender to remain in the community.
A person charged with assaults occasioning bodily harm can choose whether the offence is dealt with by way of a sentence or trial in the Magistrates Court or the District Court of Queensland.
Serious Assault Charges
A person may be charged with serious assault if the person:
- assaults…with intent to commit a crime, or with intent to resist or prevent the lawful arrest or detention of himself or herself or of any other person; or
- assaults, resists or wilfully obstructs a police officer while acting in the execution of the officer’s duty, or any person acting in aid of a police officer while so acting; or
- unlawfully assaults any person while the person is performing a duty imposed on the person by law; or
- assaults any person because the person has performed a duty imposed on the person by law; or…
- unlawfully assaults any person who is 60 years or more; or
- unlawfully assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device’ (s 340).
If convicted of a serious assault, an offender is usually liable to a maximum penalty of 7 years’ imprisonment.
However, if the offender assaults a police officer in any of the following circumstances, the maximum penalty is 14 years imprisonment:
- the offender bites or spits on the police officer or throws at, or in any way applies to, the police officer a bodily fluid or faeces;
- the offender causes bodily harm to the police officer;
- the offender is, or pretends to be, armed with a dangerous or offensive weapon or instrument.
A charge of serious assault must be dealt with by way of a trial or sentence in the Magistrates Court unless the prosecutor elects for the charge to be dealt with by the District Court of Queensland.
