Assault Offences and Assault Charges in QLD
Assault offences
Offences of violence such as assault offences are classified as offences against the person and considered serious by the court.
What is an Assault?
Assault is defined in section 245 of the Criminal Code Act 1899 as:
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.
"Applies force" includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.
In Queensland there are a number of assault offences. The most common assault offences include:
1. Common Assault
A common assault can consist of a punch, slap, shove or threat to someone. It is one of the less serious assault offences as it doesn’t involve the victim suffering an injury, however the maximum penalty for a common assault is three (3) years and a conviction for a common assault and a conviction for any offence involving violence can have detrimental impacts on a person.
2. Assault Occasioning Bodily Harm
Assault occasioning bodily harm consists of an assault where the victim suffers an injury, the injury can include things like a cut, bruise, swelling etc. The maximum penalty for assault occasioning bodily harm is seven (7) years but this increases to ten (10) years if the person committing the assault is armed with a weapon or in company with one or more other persons.
3. Grievous Bodily Harm
Grievous bodily harm is one of the most serious offences of violence. Grievous bodily harm involves the victim suffering a serious injury involving a serious disfigurement, or an injury that if left untreated would be life threatening or permanent, or the loss of a part or organ of the body. The maximum penalty for this offence is 14 years imprisonment. Grievous bodily harm is an offence that cannot be dealt with in the Magistrates Court and must be dealt with the in the District Court.
4. Choking, suffocation or strangulation in a domestic setting
In May, 2016 the Queensland government introduced s.315A into the Criminal Code Act which make it an offence for someone to unlawfully choke, suffocate or strangle another person, without the other person’s consent if the person is in a domestic relationship with the other person; or the choking, suffocation or strangulation is associated domestic violence under the Domestic and Family Violence Protection Act 2012 .
The maximum penalty is seven (7) years imprisonment and the offence cannot be dealt with the Magistrates Court and must be dealt with the in the District Court.
If you have been charged with, or currently under investigation in relation to an Assault offence contact us.