Assaults And Violence Offences Archives

06 March

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Assault Charges in Queensland: Laws, Penalties and Defences

Assault in Queensland: What Counts as Assault and What Are the Penalties? When most people hear the word assault, they imagine a physical fight. However, assault in Queensland covers far more than punching someone. The law includes threats, minor physical contact, and even certain non-physical conduct. If you face an assault charge, or you want to understand your legal risk, you need clear and accurate information. This guide explains what counts as assault in Queensland, the different categories of offences, and the penalties you could face. What Is Assault in Queensland? Under Queensland law, assault includes: Striking another person Touching or moving another person...

20 January

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Serious Assault Queensland | Penalties, Defences and Courts

Posted by Jack Bendall

in Assaults And Violence Offences

Serious Assault – How Serious Is It? Serious assault in Queensland is a criminal offence under the Criminal Code that involves violence against certain protected persons, including police officers, or assaults committed in specific circumstances. It carries a maximum penalty of up to 14 years imprisonment. It is treated more severely than common assault and can attract significant penalties, including imprisonment. Understanding how serious assault is defined, how it is prosecuted, and what penalties and defences may apply is critical if you are facing this charge. Which Court Will Handle Serious Assault? Serious assault is classified as an indictable offence. However, subject to a...

10 August

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The Defence of Provocation

Posted by Jack Bendall

in Assaults And Violence Offences

The Queensland Law Reform Commission (QLRC) is currently examining a number of defences available under our criminal law. One of these is the defence of provocation and whether this defence should be amended or removed entirely. The QLRC’s review is still in the early stages, with its final report and recommendations expected to be provided in December 2025. In the meantime, all defences, subject to the review, including provocation remain available to those charged with relevant criminal offences. Our office frequently receives enquiries from people charged with criminal offences who may wish to raise the defence of provocation. This article aims...

03 August

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

Posted by Colleen Battersby

in Assaults And Violence Offences

A 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...

26 April

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Unlawful Stalking

Posted by Jack Bendall

in Assaults And Violence Offences

Stalking is a phrase we have all heard of in our day-to-day lives. However, our lawyers commonly receive questions about it. They are regularly asked exactly what behaviour amounts to unlawful stalking. Many clients are caught off-guard by the wide-ranging definition of unlawful stalking and the actions it covers. This article aims to provide a broad overview of unlawful stalking in Queensland, including the legal definition, what is not considered to be unlawful stalking, potential defences and consequences that may result following a conviction. What is unlawful stalking? Unlawful stalking is to: Intentionally directed at a person (the stalked person); and Engaged in...

09 April

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Recent Legislative Changes to Laws Surrounding Hate Crime and Serious Vilification

Posted by Billy Gee

in Assaults And Violence Offences

Queensland State Parliament assented to the Criminal Code (Serious Vilification and Hate Crimes) and other Legislation Amendment Act 2023 on 19 October 2023, formalising a bill that had been circulating through Parliament since earlier this year. The Amendment Act has introduced a series of new offences as well as creating circumstances of aggravation for pre-existing ones, to attempt to curtail discrimination and hate towards certain parts of the community. New Offence of Displaying, Distributing, or Publication of Prohibited Symbols Any person who publicly distributes, publishes or displays a prohibited symbol in a way that might reasonably be expected to cause a member of...

16 August

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Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

Posted by Shantelle Wallace

in Assaults And Violence Offences

OFFENCES: Serious assault person over 60 SOLICITOR: Erin Mitchell COURT: Southport Magistrates Court DATE: April 2023 TRIAL/ PLEA: Plea of guilty FACTS Our client found themselves involved in a road rage incident and unfortunately, due to a ‘heat of the moment’ decision, they were ultimately charged with assaulting a person over 60, an offence that carries a maximum penalty of 7 years imprisonment.[1] Due to the serious nature of the charge, namely, that it involved an act of violence/ causing physical harm to another person, a sentence of imprisonment is not a last resort[2], even for a person with limited or no criminal history. By way of...

03 December

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Industrial Manslaughter in Queensland  

Posted by Cameron Browne

in Assaults And Violence Offences

Queensland Mines Minister Anthony Lynham has announced the intention of the government to introduce new laws in response to the recent spate of Queensland mine deaths – 7 in the past year. An offence of industrial manslaughter will be introduced for the mining sector. The offence of industrial manslaughter does presently exist in Queensland. However, these laws do not yet apply to the mining sector. As an example, earlier this year ‘Multi-Run Roofing’ Director, Gary Lavin was found guilty of reckless conduct after a 62 year old roofer died at a worksite in 2014. He was sentenced to a period of 1...

10 June

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The definition of murder has been expanded – but is this a step too far?

Posted by Potts-Lawyers

in Assaults And Violence Offences

Old Definition of Murder Before the 1 May 2019, a person could only be convicted of murder in Queensland if it could be shown that the person intended to kill or cause grievous bodily harm to a person. New Definition of Murder Following the recent passing of the Criminal Code and Other Legislation Amendment Bill 2019 on 1 May 2019, the definition of murder has since been expanded to include death caused by an act done or omission made with reckless indifference to human life. The New Defintion of Murder Explained The new definition essentially means that if a person foresees death as a probable...

21 May

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Just what is ‘Wilful damage’

Posted by Potts-Lawyers

in Assaults And Violence Offences

Have you ever wondered what someone needs to do to attract a charge of ‘Wilful damage’? Recent charges where people have spat or thrown eggs on cars, where no other damage was caused other than requiring the car to be cleaned have caused concern in the Courts and Justice system. Grajewski v DPP (NSW) [2019] HCA 8 Recently, the High Court in Grajewski v DPP (NSW) [2019] HCA 8 allowed an appeal and quashed the appellant's conviction and sentence for the offence of intentionally or recklessly destroying or damaging property belonging to another, contrary to s 195(1)(a) of the Crimes Act 1900 (NSW)....

Assault Charges in Queensland: Laws, Penalties and Defences

Serious Assault Queensland | Penalties, Defences and Courts

The Defence of Provocation

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

Unlawful Stalking

Recent Legislative Changes to Laws Surrounding Hate Crime and Serious Vilification

Case Summary – Serious Assault Person Over 60 (Road Rage Incident)

Industrial Manslaughter in Queensland

The definition of murder has been expanded – but is this a step too far?

Just what is ‘Wilful damage’

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