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Charged with Assault in QLD – Brisbane Solicitors

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Common Assault

Section 335 of the Criminal Code (Qld) provides that any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for 3 years.

Assault Occasioning Bodily Harm

Section 339 of the Criminal Code (Qld) provides that any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime, and is liable to imprisonment for 7 years.

If the offender does bodily harm, and is or pretends to be armed with any dangerous or offensive weapon or instrument or is in company with 1 or more other person or persons, the offender is liable to imprisonment for 10 years.

Serious Assault

In essence, section 340 of the Criminal Code (Qld) provides that Serious Assault includes:-

a. 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
b. 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
c. unlawfully assaults any person while the person is performing a duty imposed on the person by law; or
d. assaults any person because the person has performed a duty imposed on the person by law; or
g. unlawfully assaults any person who is 60 years or more; or
h. unlawfully assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device

The maximum penalty for Serious Assault is 7 years imprisonment.

Definition of Assault

Section 245 of the Criminal Code Qld defines Assault as:-

(1) 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.

(2) In this section—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.

Grievous bodily harm

Section 320 of the Criminal Code (Qld) provides that any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 14 years.

Pursuant to the Criminal Code, grievous bodily harm means—

(a) the loss of a distinct part or an organ of the body; or
(b) serious disfigurement; or
(c) any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health; whether or not treatment is or could have been available.

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