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Common Assault

Potts Lawyers > Criminal Law > Common Assault

What the law says

Sections 245 (1) of the Criminal Code Queensland states:

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 person’s consent if obtained by fraud, or who by any bodily act or gesture attempts of threatens to apply force of any kind to the person of another without the 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 the other person, and the act is called “assault”.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

(1) The accused assaulted the complainant;

Any person who strikes, touches or moves or otherwise applies force of any kind to the person of another, either directly or indirectly, without the person’s consent is said to assault that other person

(2) The assault was unlawful, that is not authorised, justified or excused by law

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Assault is 7 years imprisonment.

Which court will hear the matter

This matter is indictable which can, at the election of the prosecution be dealt with in the District Court, but it is normally dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Self Defence
  4. Intoxication
  5. Identification -ie Not the accused person
  6. Provocation
  7. Prevention of the repetition of the insult
  8. Keeping the peace
  9. Removing disorderly persons

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