Assault offences fall into the category of offences against the person. An assault may consist of unwanted physical contact or a threat of unwanted physical contact. In Queensland, assault offences are set out in the Criminal Code 1899. That Act also contains offences involving assaults in sexual contexts. This page deals with assault in Queensland.
What is assault?
Section 245 of the Criminal Code 1899 defines assault as including:
- striking, touching, moving, or otherwise applying force to a person either directly or indirectly, without their consent, or with their if the consent is obtained by fraud;
- attempting or threatening to apply force of any kind under circumstances where the accused has the ability to carry out the threat.
Common assault
Under section 335 of the Criminal Code 1899, a common assault is punishable by a maximum penalty of three years.
If the offence is committed in public while the offender was intoxicated, it is an aggravated offence, and the court must make a community service order in addition to any other sentencing order it makes.
Assault occasioning bodily harm
Under section 339(1) of the Criminal Code 1899, a person who commits assault occasioning bodily harm may be imprisoned for seven years. Bodily harm is any physical injury that interferes with their health or comfort such as a cut, bruise or scratch.
If this offence is committed with a weapon or in company with another person, the maximum penalty increases to 10 years imprisonment.
Serious assault
Under section 340 of the Criminal Code 1899, a person who commits a serious offence is liable to a maximum penalty of seven years imprisonment, or 14 years if the offence is aggravated.
A serious assault is an assault committed under any of the following circumstances:
- with intent to commit a crime
- against a police officer
- on a person performing a duty imposed by law
- because a person has performed a duty imposed by law
- in pursuance of an unlawful conspiracy
- on a person who is over the age of 60
- on a person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device.
Assault in interference with work
Under section 346 of the Criminal Code 1899, a person who assaults another person with intent to prevent them from working at or exercising their lawful trade, business or occupation or from dealing with property intended for sale, is liable to five years imprisonment.
Assault with intent to rape
Under section 351 of the Criminal Code 1899, a person who assaults with intent to rape is liable to imprisonment for 14 years.
Sexual assault
Under section 352 of the Criminal Code 1899, a person who indecently assaults another person is guilty of an offence. This is punishable by a maximum of 10 years imprisonment, or 14 years if the offence involves genital to mouth contact.
A maximum penalty of life imprisonment applies to this offence if:
- the offender is armed or in company with another person
- the offence involves sexual penetration
Mandatory penalty for certain assault offences
If a person commits an assault offence and the offence occurred in public while the offender was intoxicated, it is an aggravated offence. In this situation, the court must make a community service order in addition to any other sentencing order it makes. This is a mandatory sentencing provision that must be applied regardless of the other circumstances of the offence and of the offender.
Jurisdiction
Assault offences can be finalised in the lower courts (Children’s Court and Magistrates Court) if both parties agree to this. If either party does not agree, the matter must be committed to a higher court for finalisation.
When a matter is heard in a higher court, it must first go through a committal proceeding in front of a magistrate. The magistrate assesses whether the case against the accused is sufficiently strong to support a finding of guilt. If the magistrate is satisfied that the case is strong enough, the matter will be committed to a higher court. It will then be listed for a trial or for a sentencing hearing. If the magistrate does not consider the case sufficiently strong, the matter will be dismissed.
An assault matter may be dealt with in a higher court because it is too serious to be finalised by a magistrate. In the Magistrates Court, the maximum penalty that can be imposed for a single offence is three years of imprisonment. In the higher courts, much longer sentences can be imposed.
An offence may also be committed to a higher court because it involves complex questions of law and parties are expected to advance extensive legal argument, which is more suited to being dealt with by a judge.
If you require legal advice or representation in any legal matter, please contact Taylor Rose.
