Cracking the Criminal Code – A Simple Guide to Assault Charges in Queensland

Assault charges are serious offences that carry significant consequences for those involved. In Queensland, navigating the legal landscape surrounding assault offences can be complex and challenging. If you have been charged with an assault offence, it is important that you understand the nuances of the law, the various types of assault charges, and the potential penalty outcomes available to the court.

What does ‘assault’ mean?

‘Assault’ is defined in the Criminal Code 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, is said to assault that other person, and the act is called an assault.

‘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 the case of Croft v Blair the court commented, in relation to facts where a dog was used “as a weapon” that such facts could be regarded as an example of applying force. In the case of Fagan v Metropolitan Police Commissioner, the accused person drove his car onto a policeman’s foot and that was considered an application of force.

Essentially, assaults can involve either an actual physical application of force or a threatened or attempted application of force. In other words, you could be charged with assault even if you don’t physically harm a person… a mere threat could be sufficient.

However, mere words can never amount to an assault alone. There must be some bodily act or gesture associated with the words indicating an intention to assault a person, or an act which a person might reasonably construe as indicating an intention.

For example, you’re out at the bar having a good time with your mates and someone keeps bumping into you by accident. This really starts to get on your nerves, so roll your hands into fists and turn around and say “if you bump into me one more time, I’m going to punch you in the face.” Understandably your frustration level may have risen, however, a comment to that effect, with your hands rolled into fists is technically a threat to apply force accompanied by a bodily act or gesture.

It is not uncommon for us to meet with someone who says “Yeah I rolled my hands into fists, but didn’t actually hit them” and has still be charged with assault.

What are the elements of the offence that the prosecution needs to prove?

Breaking the definition of assault down further, the prosecution needs to prove, beyond a reasonable doubt, that:

• the striking, touching, moving of, or application of force of any kind to the person of another;
• either directly or indirectly; and
• without the other person’s consent or with consent, if the consent is obtained by fraud;

or

• by any bodily act or gesture;
• attempting or threatening to apply force of any kind to the person of another;
• without the other person’s consent; and
• in circumstances where the person making the attempt or threat has, actually or apparently, a present ability to effect that purpose.

Consent must be freely and voluntarily given by a person with the cognitive capacity to give the consent. A person may actively state that they do not consent to being touched at all, or in a particular way, or by a particular person. If you are aware that someone has withdrawn consent, and thereafter touch that person, you risk committing an assault.

Keep in mind that the concept of consenting to a fight does not apply if the injury involved reaches a certain level.

Types of assault charges

There are generally three levels of assault charges in Queensland:

1. Common Assault – which is regarded as the merest touching not excused by law;

 

2. Assault Occasioning Bodily Harm – is defined in the legislation as an assault that involves an injury of more than a passing kind. An injury that interferes with health or comfort can meet the threshold for an assault occasioning bodily harm charge.

 

For example, you’re still out at the bar and you end up throwing those punches and giving the other person a bruise on their arm. The bruise alone would be sufficient for you to be charged with an assault occasioning bodily harm charge. A bruise is regarded as an entry level bodily harm; and

 

3. Grievous Bodily Harm – is defined in the legislation as a 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.

 

Coming back to the bar example, this time you throw punches at the other person and hit them in the eye. The punches were quite strong and caused the other person to become blind in that eye. Whilst this may seem like an extreme example, an injury of that nature would be considered grievous bodily harm.

There are other assault offences to be aware of such as:

• serious assault of a police officer;
• serious assault of a person over 60;
• serious assault of a person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device; or
• serious assault of a person while the person is performing a duty imposed on them by law.

This is not an exhaustive list of all the assault charges available under the law in Queensland.

There are also aggravating circumstances that can be attached to an assault charge.  These effectively increase the severity of offending. For example:

• being adversely affected by an intoxicating substance;
• assaulting someone in a public place; or
• assaulting someone in a domestic violence setting.

Again, this is not an exhaustive list of aggravating circumstances that can increase the seriousness of your charge.

Advice

If you have been charged with an assault charge, or the police have contacted you and are investigating you as a person of interest in an assault complaint – you should seek legal advice immediately.

Please contact our office today to schedule an initial consultation with one of our expert lawyers so that you can gain legal advice at the earliest stage possible.