Brisbane- (07) 3172 7100, Ipswich- (07) 3050 7148, Gold Coast- (07) 5655 0748 reception@cravenlawyers.com.au

ASSAULTS QLD  

If you have been charged with an assault offence it is imperative to obtain advice from a criminal law expert. Our expert Brisbane criminal lawyers can assist in advising and representing you in relation to all types of assault offences.

Assaults can encompass a wide variety of circumstances ranging from a simple push in the chest to a punch in the face causing significant injuries. Below are some of the types of assault offences our criminal lawyers can assist in representing you with and the types of evidence that is often relied upon by the Prosecution.

Assault occasioning bodily harm

(1) The defendant assaulted the complainant.

Assault includes striking, touching, moving or otherwise applying force of any kind to a person either directly or indirectly without the other person’s consent.

(2) The assault was unlawful (this means that the assault was not authorised, justified or excused by           the law).

(3) The assault caused the complainant to suffer “bodily harm”. 

Bodily harm is defined as any bodily injury that interferes with health or comfort. There must be some identifiable bodily injury (e.g. bruising, broken lip, cuts etc.). The sensation of pain will not be sufficient.

The Law: Section 339 of the Criminal Code (Qld).

 

Maximum Penalty:

♦ 7 years imprisonment; or 

♦  10 years imprisonment if at the time of the assault:

  • The person is armed with any dangerous or offensive weapon or instrument; or
  • The person was in company with 1 or more other person or persons.

PLEASE NOTE that if the person committed the offence in a public place while the person was adversely affected by an intoxicating substance then the Court must sentence the person to perform community service in addition to any other penalty the Court imposes.

Common assault

 

What does the Prosecution have to prove beyond reasonable doubt?

(1) The defendant assaulted the complainant.

Assault includes striking, touching, moving or otherwise applying force of any kind to a person either directly or indirectly without the other person’s consent. An assault an also include a situation where a person by a bodily act or gesture attempts to, or threatens to apply force of any kind to a person without that person’s consent in circumstances where the person has the actual or apparent ability to do so.

(2) The assault was unlawful (this means that the assault was not authorised, justified or excused by           the law).

 

The Law: Section 335 of the Criminal Code (Qld).

 

Maximum Penalty: 3 years imprisonment.

PLEASE NOTE that if the person committed the offence in a public place while the person was adversely affected by an intoxicating substance then the Court must sentence the person to perform community service in addition to any other penalty the Court imposes.

Serious assault

 

What does the Prosecution have to prove beyond reasonable doubt?

(1) The defendant assaulted the complainant; and

Assault includes striking, touching, moving or otherwise applying force of any kind to a person either directly or indirectly without the other person’s consent. An assault an also include a situation where a person by a bodily act or gesture attempts to, or threatens to apply force of any kind to a person without that person’s consent in circumstances where the person has the actual or apparent ability to do so.

(2) The assault was unlawful (this means that the assault was not authorised, justified or excused by           the law); and

(a) The assault was committed with the intent to commit a crime; or

(b) The assaults was committed with the intent to resist or prevent the lawful arrest or detention of         himself or herself or of any other person; or

(c) The complainant was 60 years old or more; or

(d) The complainant relied on a guide, hearing or assistance dog, wheelchair or other remedial               device; or

(e) The complainant was performing a duty imposed on them by law at the time of the assault; or

(f) The complainant had performed a duty imposed on them by law and this is why the defendant          assaulted them; or

(g) The assault was committed 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.

(g) The defendant assaulted, resisted or wilfully obstructed 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.

 

The Law: Section 340 of the Criminal Code (Qld).

 

Maximum Penalty:

♦ 7 years imprisonment; or 

♦ 14 years imprisonment where the assault involved a police officer and occurred in circumstances where:

(a) the defendant bit or spat on the police officer or threw or in any way applied any bodily fluid or           faeces to the police officer; or

(b) the defendant caused bodily harm to the police officer; or

(c) the defendant was, or pretended to be, armed with a dangerous or offensive weapon or                     instrument.

Speak With Us Today!

Our experienced Brisbane criminal lawyers are here to answer your criminal law queries.  Please call us on (07) 3172 7100 or submit the form below so we can assist you with your enquiry.

 

What evidence does the police often rely upon to prove assaults? 

  • Witness statements.
  • CCTV footage
  • Admissions made by an accused person during an interview with police.
  • DNA- including saliva, hair and blood.
  • Fingerprints. 
  • Statements of co-offenders.
  • Photo boards.
  • Mobile phone data downloads (known as cellebrite or lantern reports).
  • Search warrant.
  • Recording of the execution of a search warrant.
  • Objects- such as a weapon used at the time of the offence.
  • Photographs- e.g. of the injury sustained by the complainant.
  • Medical records.

Call Us Now on (07) 3172 7100 and talk to one of our Brisbane criminal lawyers today. 

Queensland Law Society

 

Copyright ©  2015 Craven Lawyers. All Rights Reserved. Individual liability limited by a scheme approved under Professional Standards Legislation. 

 

 

FOLLOW US

 

BRISBANE OFFICE 

Phone: (07) 3172 7100

Fax: (07) 3054 7390

Email: reception@cravenlawyers.com.au

Address: Level 54, 111 Eagle Street, Brisbane, QLD 4000

IPSWICH & SPRINGFIELD OFFICE 

Phone: (07) 3050 7148

Fax: (07) 3054 7390

Email: reception@cravenlawyers.com.au

Address: 5/22 Magnolia Drive, Brookwater QLD 4300