There are a number of assault charges that can be brought against a person in Queensland. These offences vary in maximum penalty, jurisdiction in which they’re heard and defences available.
Definition of Assault
Assault is defined under section 245 of the Queensland Criminal Code as follows:
“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.”
Common Assault
Common assault is the simplest of the assault offences. It is a misdemeanour, and it carries a maximum penalty of 3 years imprisonment. When a person is charged with a common assault, it is usually because the assault occurred without any circumstances of aggravation (bodily harm to the victim, use of a weapon, being in company of another person, etc.), however a circumstance of aggravation may be attached to a charge of common assault.
What the police must prove
The elements of the offence that police must prove are:
- 1. The defendant assaulted the complainant;
- 2. The defendant did so intentionally or recklessly;
- 3. The defendant did so without consent of the complainant;
- 4. The defendant did so without lawful justification or excuse; and
- 5. Any circumstance of aggravation alleged
Which court hears the matter?
Common assault charges are heard in the Magistrates Court.
What are the defences available?
The defences available for common assault include:
- Provocation
- Consensual fight
- Self-defence
Assault Occasioning Bodily Harm
If an assault results in a certain type of bodily injury to the complainant, a person may be charged with assault occasioning bodily harm. The offence in its simplest form carries a maximum penalty of 7 years imprisonment. However, the offence can carry a number of different circumstances of aggravation which can impact on the maximum penalty.
What the police must prove
The elements of the offence are:
- The defendant assaulted the complainant;
- The assault was unlawful;
- The defendant thereby did the complainant bodily harm; and
- Any circumstances of aggravation alleged
Which court hears the matter?
A person charged with assault occasioning bodily harm can elect to have their matter heard in either the Magistrates Court or the District Court.
What are the defences available?
The defences available for common assault include:
- Provocation
- Consensual fight
- Self-defence
Serious Assault
An assault of a serious nature carries a harsher maximum penalty. Examples of a serious assault include:
- An assault on a person over 60
- An assault on a police officer or paramedic
- An assault on a disabled person
The offence of serious assault carries a maximum penalty of 7 years imprisonment. The maximum penalty increases to 14 years when certain circumstances of aggravation are attached to the offence, such as spitting on a police officer.
What the police must prove
The elements are the same as the elements of a common assault (above), with the addition of circumstance of aggravation element which makes it a serious assault.
Which court hears the matter?
Whilst a charge of serious assault can be heard in either the Magistrates Court or District Court, it is at the discretion of prosecutions to elect either of those jurisdictions.
What are the defences available?
The defences available for serious assault include:
- Provocation
- Self-defence
- Consensual fight
Sexual Assaults
Sexual assault is an offence carrying a maximum penalty of 10 years imprisonment in its simplest form, however this can increase to life imprisonment when certain circumstances of aggravation are attached to the offence.
What the police must prove
The elements of the offence are:
- The defendant assaulted the complainant; and
- The assault was unlawful and indecent; or
- The defendant procures another person, without the person’s consent
- to commit an act of gross indecency; or
- to witness an act of gross indecency by the person or any other person; and
- Any circumstances of aggravation alleged
Which court hears the matter?
Sexual assault charges can be heard in either the Magistrates Court or District Court. For simpliciter offences (no circumstances of aggravation), this is at the defendant’s election. Otherwise, it is at the discretion of prosecutions.
What are the defences available?
The defences available for sexual assault include:
- Insanity
- Self-defence
- Honest and reasonable belief that consent was given
To the best of our knowledge, the information in this article is correct at the time it was written, however it is subject to change. Every case is different, and this article should not be considered legal advice. Instead, why not get advice tailored to your matter? Call us today for a free consultation.