Understanding Common Assault Laws in Queensland
The Queensland Criminal Code outlines several assault offences, including common assault, serious assault, and assault occasioning bodily harm.
This page will specifically address the common assault offence in Queensland.
If you’ve found yourself facing an alleged assault charge, contact Michael McMillan today on (07) 5619 6860 or 0409 273 430 for legal advice and representation.
Legislation Governing Common Assault in QLD
Common assault is legislated under Section 335 of the Criminal Code 1899.
It is classified as a misdemeanour and carries a maximum penalty of up to three years imprisonment.
What is Common Assault?
Common assault is the least severe type of assault in Queensland and does not necessarily require physical injury or direct physical contact between the offender and the victim.
A person can be found guilty of common assault if they:
- Intentionally or recklessly touch the victim without their consent and without any lawful excuse; or
- Intentionally or recklessly cause the victim to fear physical contact, again without consent and without any lawful excuse.
The first type of assault may involve actions such as pushing, punching, slapping, headbutting, or hitting the victim with a knee or elbow.
The second type of assault could involve raising a fist towards someone or throwing an object in their direction, leading the victim to believe that they are about to be physically struck.
Types of Common Assault
Common assault can be categorised as either intentional, where there is a deliberate act to harm, or reckless, where the offender’s actions show disregard for the consequences
Intentional Common Assault
An intentional common assault occurs when a person deliberately assaults another, aiming to inflict the assault. For example, this could be punching someone during an argument.
Reckless Common Assault
A reckless common assault happens when a person commits an act that is likely to cause an assault without considering the consequences.
An example would be throwing an object in a crowded place, where there is a high chance of hitting someone.
Aggravated Common Assault
Under Section 52B of the Criminal Code 1899, a common assault becomes aggravated when motivated by hatred or serious contempt towards a person or group based on their race, religion, sexuality, sex characteristics, or gender identity.
If this circumstance of aggravation is proven, the maximum penalty increases to 4 years imprisonment.
Jurisdiction for Common Assault Cases
Common assault is considered a misdemeanour and is handled by the summary jurisdiction.
For adults, this will be the Magistrates Court, and for those under 18, the case is managed by the Children’s Court.
Penalties for Common Assault
Although the maximum penalty for common assault is 3 years imprisonment, courts often impose non-custodial sentences such as:
- fines;
- good behaviour bonds or;
- community-based orders depending on the circumstances of the assault offence.
What The Police Must Prove
To convict you of common assault, the prosecution must prove each of the following matters beyond a reasonable doubt:
- you struck, touched or applied force to another, or threatened another with immediate violence (in circumstances that made the other person think you had the ability to carry out that threat);
- you did so intentionally or recklessly;
- you did so without consent;
- you did so without lawful justification or excuse.
Potential Outcomes and Sentencing Factors
When courts determine a sentence for common assault in Queensland, they take into account several key factors.
Severity of the Assault
The level of violence or threat used in the assault plays a significant role in sentencing.
A minor push may result in a less severe sentence, while an assault involving a punch, headbutt, or use of a weapon is likely to lead to a harsher penalty.
The greater the harm or perceived threat, the more serious the consequences for the offender.
Presence of Provocation
If the offender was provoked before committing the assault, this could be a mitigating factor in sentencing.
Courts will examine whether the offender was subjected to an act or insult that may have led to a temporary loss of self-control. If the provocation is deemed significant, it could result in a reduced sentence.
Criminal History
An offender’s past criminal record, particularly any history of violent behaviour or similar offences, will be a strong factor in sentencing.
First-time offenders may be treated more leniently, potentially receiving fines, community service, or good behaviour bonds. Repeat offenders or those with a pattern of violence are more likely to receive custodial sentences.
Aggravating and Mitigating Circumstances
Courts will weigh both aggravating factors (circumstances that make the offence more serious) and mitigating factors (circumstances that lessen the severity).
Aggravating circumstances might include whether the offence was committed in the presence of a child, involved the use of a weapon, or was motivated by discrimination or hatred.
On the other hand, mitigating factors may include the offender’s cooperation with police, a lack of intent to cause harm, or any steps taken by the offender to seek rehabilitation.
Impact on the Victim
The impact of the assault on the victim, both physically and psychologically, is also considered. If the victim suffers significant distress or injury, the court may impose a more severe penalty.
A lack of physical harm or injury, while not negating the offence, may result in a lighter sentence.
Sentencing Aims
The purpose of the sentencing also plays a role – whether the aim is to punish the offender, rehabilitate them, deter future offences, or protect the community.
For minor cases or first-time offenders, the court may lean toward rehabilitation or deterrence, opting for non-custodial measures. In more serious cases, punishment and community protection may be prioritised, resulting in imprisonment.
These considerations can greatly influence the type and severity of the penalty imposed, which can range from non-custodial sentences to imprisonment.
The court aims to arrive at a balanced and appropriate sentence that reflects both the nature of the offence and the circumstances of the offender and victim.
Legal Defences to Common Assault
Individuals charged with common assault in Queensland may rely on various legal defences, a few of which are discussed below:
Self-Defence
If a person acted in self-defence or to protect another, they may not be guilty of common assault.
Queensland law allows individuals to defend themselves reasonably without facing criminal charges, but the defence is only valid if the response was proportionate to the perceived threat.
Emergency
According to Section 25 of the Criminal Code 1899, a person is not guilty of an offence if they acted due to a sudden or extraordinary emergency, and if it is believed that any ordinary person would have acted similarly under the same circumstances.
Provocation
In Queensland, the defence of provocation allows a person to claim that they acted in response to an insult or provocative act from the victim, which temporarily impaired their self-control.
This defence is laid out in Section 269 of the Criminal Code 1899. QLD is unique in Australia as it allows provocation to be used as a complete defence to assault charges.
Immature Age
If an individual is below the age of criminal responsibility, they cannot be found guilty of an offence.
In Queensland, the age of criminal liability is 10 years old, and those under 14 years old can only be found guilty if it can be demonstrated that they were mature enough to understand their actions.
Contact Michael McMillan for Legal Advice & Representation in Court
If you’ve found yourself facing an alleged assault charge, contact Michael McMillan today on (07) 5619 6860 or 0409 273 430 for legal advice and representation.