Assault charges and other violent offences

There a variety of different assault charges in Queensland that are all treated differently under the law and as such, carry different penalties. The penalties range from small fines to lengthy prison sentences and it is very important to be prepared in order to ensure you receive the lowest penalty possible for your charges.

Common Assault

Common assault includes any application of force against another person without their consent. Assault can include an action as small as touching someone or threatening another person with violence. For example, you may be charged with common assault for having an argument with someone in which you have threatened to physically hurt them, or have lightly pushed them. The maximum penalty for common assault is 3 years’ imprisonment, but it may also include penalties such as fines, probation orders, community service orders, intensive corrections orders, recognisance or even dismissal of the charges in certain circumstances. The offence of common assault is aggravated, and therefore carries more severe penalties, if you are in a public place and are under the influence of drugs or alcohol.  

Affray

The offence of affray consists of taking part in a fight in a public place or in a place the public have access to. This is likely to include things such as a semi-organised fight, a brawl at a sporting event or a fight outside a nightclub. The different between the offence of affray and common assault is that one can commit the offence of affray even if the other people involved have consented to being a part of the fight.

The offence of affray is a misdemeanour, which means it would not usually result in a term of imprisonment. However, if the circumstances are serious enough it is possible for a person to be sentenced to prison time for committing an action that amounts to affray. The maximum penalty for an offence of affray is 1 year in prison, however if the accused is found to be a member of a criminal organisation the penalty imposed can include a prison sentence of up to 7 years. Similar to assault, the Judge may also impose other penalties such as fines, probation orders, community service orders, intensive corrections orders, recognisance or even dismissal of the charges.

Serious Assault

Serious assault, as the name suggests, is reserved for more serious actions of assault. The legislation provides a list of what this might entail, which includes;

  • An assault against another with the intent to commit a crime or resist the lawful arrest or detention of oneself or another person;
  • An assault, resist or wilful obstruction of a police officer or person aiding a police officer who is executing their duty;
  • Any assault while a person is performing a lawful duty;
  • Any assault on a person because they have performed their lawful duty;
  • An assault against another person ‘in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such person or persons’;
  •  An assault against a person who is over 60 years of age; or
  • An assault against ‘any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device’.

The offence of serious assault carries a maximum penalty of 7 years in prison, however similar to the offence of common assault and affray, the Judge may order a range of other penalties including fines, probation orders, community service orders, intensive corrections orders, recognisance or even dismissal of the charges. In Queensland the offence of serious assault is considered far more severe if the assault was against a police officer, in which case the maximum penalty is a 14-year term of imprisonment.

Assault occasioning bodily harm

The offence of assault occasioning bodily harm includes intentionally applying force to another, which can include something as small as a gentle push through to something as large as a punch to the face. The difference between assault and assault occasioning bodily harm is that the latter involves some sort of physical harm to the body of the victim, such as bruising, swelling, cuts or abrasions, which does not amount to grievous bodily harm. This offence carries a maximum penalty of 7 years’ imprisonment and similar to the above offences the Judge may order a range of other penalties including fines, probation orders, community service orders, intensive corrections orders, recognisance or even dismissal of the charges.

The offence of assault occasioning bodily harm is aggravated, and therefore carries heavier penalties if:

  • you are or you pretend to be armed with a dangerous weapon; or
  • you are in company with one or more person.

The maximum penalty if you are charged with aggravated assault occasioning bodily harm is up to 10 years’ imprisonment.

Unlawfully doing grievous bodily harm (GBH)

The offence of grievous bodily harm (GBH) is a very serious offence in Queensland and the legislation sets out that the penalties may include a sentence of imprisonment of up to 14 years. The charge of GBH is very broad and involves any unlawful action that results in injuries to another that consist of:

  • the loss of a distinct part or organ of one’s body;
  • serious disfigurement; or
  • any injury which, if left untreated, ‘would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health.’

Things that may constitute an offence of GBH can include broken bones, loss of limbs or severe disfiguration or scars. Unlawful GBH does not require the prosecution to prove that you intended to cause such injuries, nor do they need to prove a lack of consent as a person cannot legally consent to GBH.

If you are found to be a participant in a criminal organisation and the victim of GBH is a police officer who is carrying out his or duties the legislation sets out that you must be imprisoned for a minimum of 1 year and that year must be served in a correctional facility. This means that you cannot be released on parole or given a suspended sentence or probation order for at least 1 year.

Intentionally causing grievous bodily harm (GBH)

The offence of intentionally causing grievous bodily harm is extremely serious and under the Criminal Code of Queensland it carries a life sentence. The definition of intentionally causing GBH differs from unlawfully causing GBH primarily in that it requires the prosecution to prove the accused acted with intent to:

  • maim or disfigure or disable a person;
  • cause grievous bodily harm or transmit a serious disease to any person;
  • resist or prevent the lawful arrest or detention of any person; or
  • resist or prevent a public officer from acting in accordance with their lawful authority.

In addition, the prosecution must show that the accused:

  • caused an unlawful wound, GBH, or transmission of a serious disease to a person;
  • struck or attempted to strike another with any kind of projectile;
  • caused an explosive substance to explode;
  • sent or delivered an explosive substance or dangerous/noxious thing to a person;
  • caused such a substance to be taken/received by a person;
  • put a corrosive fluid or destructive/explosive substance in any place; or
  • threw any such fluid or substance at another or applied such substance or fluid to another person.

What defences are available?

  • Depending on which offence you are charged with, there are a range of defences available to you. If you have been charged with any of the above, some or all of the following defences may be available to you:
  • Mistake of fact;
  • Extraordinary emergency;
  • Insanity;
  • Intoxication;
  • Self Defence (including defence of another person or defence of property);
  • Provocation (including the prevention of repeated insult);
  • Accident;
  • Compulsion;
  • Extraordinary emergency;
  • Prevention of violence, a breach of the peace, or another crime; and
  • Domestic Discipline.

If you have been charged with a violent offence and believe you may have a defence, call us to discuss your chances of successfully arguing this in Court.

Will I get a criminal record?

Depending on the offence, the circumstances surrounding the offence and your criminal record, the Judge may order that a conviction is recorded. Some offences in the right circumstances, provide the Judge with discretion to order that no conviction is recorded. In order to attain this, it is very important that the Judge is presented with all relevant information. 

What penalty will I receive?

The penalty you will receive depends largely on what offence you have been charged with, the circumstances of the offence, your criminal history and your character. It is crucial that all of the relevant factors are raised with the Judge in order to receive the lowest penalty and avoid serving any time in prison.

At GC Crime Lawyers we understand that mistakes happen and our experienced team will do their best to ensure you obtain the lowest penalty and, if possible, avoid serving any time in prison. We also understand the importance of having a clean criminal record and will strive to have no conviction recorded. Call us on 1300 127 463 today to discuss your circumstances and have peace of mind that you are represented by an experienced solicitor.