Violence Offences. |
Queensland law addresses a wide range of violence offences, from common assault, grievous bodily harm, manslaughter and murder, each with serious penalties under the Criminal Code.
From Interview to bail, trial or sentence, wherever you are in the process, our experienced assault and violence offence lawyers will work to get you the best possible outcome, every step of the way. |
WHAT SHOULD I DO IF I HAVE BEEN CHARGED WITH A VIOLENCE OFFENCE?Nothing is "off the record". |
If you have been arrested, you may be asked to give an interview to tell your side of the story. You should speak to a lawyer first and make no comments about the allegations without your lawyer present.
You should not make any comments, even "off the record" or in general conversation with police. The job of police is to collect evidence against you, not to "just clear things up". If you receive a phone call from police asking you to come in for an interview, contact us for a free consultation. |
WHAT DOES ASSAULT ACTUALLY MEAN?Self-defence requires that the used force that was proportionate to the threat. |
In Queensland, an Assault is defined in the Criminal Code to include:
Aggravation. Hate crime is a circumstance of aggravation that can increase the seriousness of the offence and the sentence if found guilty. It applies where it can be shown that offending was motivated by hatred or serious contempt for a person or group based on race, religion, sexuality, sex characteristics or gender identity. Social Media posting of the offence is also an aggravating feature that increases the seriousness of the offence and the sentence. It applies where the act of assault was published or distributed in some way on the internet. Self Defence. The Queensland Criminal Code allows for some use of force for a person to defend themselves, another person or property. The defence requires that the person acted in a way that was reasonable in the circumstance, and used force that was proportionate to the threat. Other circumstances and conditions may be applied to a situation giving rise to an defence and should be discussed with your lawyer. |
COMMON ASSAULT:Publishing material on a social media can increase the maximum penalty. |
Common assault applies where a person unlawfully assaults another, but does not constitute a serious assault or cause an injury amounting to Actual Bodily Harm or Grievous Bodily Harm as explained below.
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SERIOUS ASSAULT:Serious Assault is a serious offence with a risk of imprisonment, even for a first offender. |
An assault becomes a Serious Assault under the following circumstances:
Possible defences may include:
Serious assaults may be dealt with in the District Court unless police elect to have it dealt with in the Magistrates Court. Maximum Sentences: Conviction carries a penalty of up to 7 years imprisonment. Some aggravating circumstances such as causing actual harm or going armed can increase the maximum to 14 years imprisonment. |
ASSAULT OCCASIONING BODILY HARM:AOBH is more than a trifling injury but less than permanent damage. |
Assault Occasioning Bodily Harm (AOBH) applies when the assault causes the victim harm that interferes with their health of comfort. This may be a minor cut, graze, bruise or scratch, being more than a trifling injury but less than permanent damage.
The prosecution must prove that:
Maximum Sentences:
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GRIEVOUS BODILY HARM:GBH includes permanent injuries, disfigurement, or wounds that require extensive treatment, |
Grievous Bodily Harm is a serious physical injury that is intentionally or recklessly caused to another person. It can include permanent injuries, disfigurement, or wounds that require extensive treatment, such as broken bones, severe lacerations, disfigurement, loss of body parts or organs.
The charge of GBH may also be applied to Dangerous Driving where the accused was driving a vehicle or interfered with someone driving. GBH is dealt with in the District Court and carried a maximum penalty of 14 years imprisonment. Aggravating circumstances include where the act was committed in a public place, under the influence of drugs or alcohol, was an act of Domestic Violence, or if the accused was part of a criminal group. |
MANSLAUGHTER:Typically involves a deliberate action that leads to death, rather than purely accidental. |
Manslaughter involves causing another person’s death without the intent to kill, which distinguishes it from murder, which crime that requires intentional killing.
However, not every accidental death is considered manslaughter. For an act to be classified as manslaughter, it typically involves a deliberate action that leads to death, rather than a purely accidental incident. Mitigating Circumstances In some cases, a killing that would otherwise be classified as murder may be reduced to manslaughter. This can occur when factors like provocation or a legitimate need for self-defence are present, legally lowering the charge to manslaughter instead of murder. What the Police Must Prove Police must demonstrate that you committed or failed to perform an act that caused another person’s death, that the death was unlawful (without a legal excuse), and that the circumstances do not constitute murder. Unlike murder, they do not need to prove intent to kill or cause serious harm, but they must show the act was deliberate and directly led to the death. Possible Defences If charged with manslaughter, you may have several valid defences. These include proving the act was in defence, that you were acting under duress, or that you were too young (under 14) and lacked the maturity to understand the act’s consequences. Additionally, a defence of mental impairment may also apply, depending on the circumstances. Sentence: Manslaughter is dealt with in the Supreme Court and is punishable by life imprisonment, though this is not a mandatory sentence. Although a period of prison is likely, depending on the circumstances, a lesser sentence or suspended prison sentence may apply. |
MURDER:Lack of intent may reduce the charge to manslaughter, especially if the killing was unintentional. |
Murder occurs when a deliberate act, intended to cause death or grievous bodily harm, results in someone’s death. Common motives include jealousy, greed, or profit. Additionally, murder can occur during another crime if death is a foreseeable outcome.
What the Police Must Prove To convict someone of murder, the police must prove the accused committed or omitted an act that caused a death, and that this act was done with intent to cause death or grievous bodily harm, or during an unlawful act with a reasonable risk of death. The act doesn’t need to directly cause the death—for example, if a victim dies during surgery necessitated by the accused’s actions, or if untreated injuries from the act lead to death, the accused may still be guilty. Possible Defences Defences to murder include the prosecution failing to prove the crime beyond a reasonable doubt, self-defence, lack of intent, provocation, and diminished responsibility. Self-defence can fully acquit if the accused reasonably believed lethal force was the only way to prevent death or harm. Lack of intent may reduce the charge to manslaughter, especially if the killing was unintentional, though intent to kill someone else can still result in a murder conviction. Provocation and Diminished Responsibility as Defences Provocation can reduce a murder charge to manslaughter if the killing occurred in the heat of passion, though mere words or relationship breakdowns don’t qualify. Diminished responsibility applies if an abnormality of mind—due to disease, injury, or developmental issues—impaired the accused’s understanding of their actions, also reducing the charge to manslaughter. |
VIOLENCE OFFENCE PENALTIES: |
This section provides general information about the penalties for many, but not all violence offences in Queensland. You should contact our assault and violence offence lawyers in Brisbane for a free consultation specific to your situation.
The following information is summarised from the Queensland Criminal Code and other legal materials current at the time of writing and may be incomplete. It is general in nature and not intended to be taken as individual advice. Information is being added to over time. |
COMMON ASSAULTS - S.335
(1) Any person who unlawfully assaults another is guilty of a misdemeanour
(2) If the offender publishes material on a social media platform or an online social network
(3) Aggravated if the offence is a hate crime
Maximum Sentence:
(1) 3 years
(2) 4 years
(3) 4 years
Court:
Magistrates Court
(2) If the offender publishes material on a social media platform or an online social network
(3) Aggravated if the offence is a hate crime
Maximum Sentence:
(1) 3 years
(2) 4 years
(3) 4 years
Court:
Magistrates Court
SERIOUS ASSAULTS - S.340
(1) An assault is a serious assault and a crime if the offender:
(a) assaults another with intent to commit a crime, or prevent lawful arrest self or another person; or
(b) assaults, resists, or wilfully obstructs, police, or any person acting in aid of a police; or
(c) unlawfully assaults any person while the person is performing a duty; or
(d) assaults any person because the person has performed a duty; or
(f) assaults any person in pursuance of any unlawful conspiracy; or
(g) assaults any person who is 60 years or more; or
(h) assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device
Maximum Sentence:
The maximum penalty for a serious assault is 7 years imprisonment.
However, if the offender
(i) assaults police by biting, spitting or throwing bodily fluids, or
(ii) causes police bodily harm, or
(iii) the offender is or pretends to be armed
then the maximum penalty becomes 14 years imprisonment
Court:
Serious assaults may be dealt with in the Magistrates Court if Police elect to do so, otherwise it must be dealt with in the District Court.
(a) assaults another with intent to commit a crime, or prevent lawful arrest self or another person; or
(b) assaults, resists, or wilfully obstructs, police, or any person acting in aid of a police; or
(c) unlawfully assaults any person while the person is performing a duty; or
(d) assaults any person because the person has performed a duty; or
(f) assaults any person in pursuance of any unlawful conspiracy; or
(g) assaults any person who is 60 years or more; or
(h) assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device
Maximum Sentence:
The maximum penalty for a serious assault is 7 years imprisonment.
However, if the offender
(i) assaults police by biting, spitting or throwing bodily fluids, or
(ii) causes police bodily harm, or
(iii) the offender is or pretends to be armed
then the maximum penalty becomes 14 years imprisonment
Court:
Serious assaults may be dealt with in the Magistrates Court if Police elect to do so, otherwise it must be dealt with in the District Court.
ASSAULTS OCCASIONING BODILY HARM - S.339
(1) Any person who unlawfully assaults another and does bodily harm to the other person is guilty of a crime
(2) If the offender publishes material on a social media platform or an online social network
(3) Aggravated if the offence is a hate crime
Maximum Sentence:
(1) 7 years
(2) 9 years
(3) 10 years
Court:
Dealt with in the Magistrates Court, or may be heard in the District Court if the defendant elects to do so.
(2) If the offender publishes material on a social media platform or an online social network
(3) Aggravated if the offence is a hate crime
Maximum Sentence:
(1) 7 years
(2) 9 years
(3) 10 years
Court:
Dealt with in the Magistrates Court, or may be heard in the District Court if the defendant elects to do so.
GRIEVOUS BODILY HARM - S.320
(1) Any person who unlawfully does grievous bodily harm to another is guilty of a crime.
Maximum Sentence:
14 years imprisonment
Court:
District Court
Maximum Sentence:
14 years imprisonment
Court:
District Court
CHOKING, SUFFOCATION OR STRANGULATION IN DOMESTIC SETTING - S.315A
(1) A person commits a crime if the person chokes, suffocates or strangles another person, without the other person’s consent; and the person is in a domestic relationship with the other person.
Choking, suffocating or strangling occurs if the person applies pressure to the other person’s neck that completely or partially restricts the other person’s respiration or blood circulation, or both.
Maximum Sentence:
7 years imprisonment
Court:
District Court
Choking, suffocating or strangling occurs if the person applies pressure to the other person’s neck that completely or partially restricts the other person’s respiration or blood circulation, or both.
Maximum Sentence:
7 years imprisonment
Court:
District Court
TORTURE - S.320A
(1) A person who tortures another person commits a crime
"torture" means the intentional infliction of severe pain or suffering on a person by an act or series of acts done on 1 or more than 1 occasion. "pain or suffering" includes physical, mental, psychological or emotional pain or suffering, whether temporary or permanent.
Maximum Sentence:
14 years imprisonment
Court:
District Court
"torture" means the intentional infliction of severe pain or suffering on a person by an act or series of acts done on 1 or more than 1 occasion. "pain or suffering" includes physical, mental, psychological or emotional pain or suffering, whether temporary or permanent.
Maximum Sentence:
14 years imprisonment
Court:
District Court
FEMALE GENITAL MUTILATION - S.323A
(1) Any person who performs female genital mutilation on another person is guilty of a crime. It is not a defence that the other person consented to the mutilation.
"female genital mutilation" means—
(a) clitoridectomy; or
(b) excision of any other part of the female genitalia; or
(c) a procedure to narrow or close the vaginal opening; or
(d) any other mutilation of the female genitalia;
Does not include genuine medical purposes or gender affirming surgery.
Maximum Sentence:
14 years imprisonment
Court:
District Court
"female genital mutilation" means—
(a) clitoridectomy; or
(b) excision of any other part of the female genitalia; or
(c) a procedure to narrow or close the vaginal opening; or
(d) any other mutilation of the female genitalia;
Does not include genuine medical purposes or gender affirming surgery.
Maximum Sentence:
14 years imprisonment
Court:
District Court
MANSLAUGHTER - S303 & S.310
(1) A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of
"manslaughter" .
In general terms, manslaughter is an act of causing a person’s death without the intent (i.e. Murder), but usually involves a deliberate act which caused the death, rather than just being an accident. Manslaughter may also be committed where a person would otherwise be guilty of murder but because of some provocation or legitimate self defence, the charge is reduced.
Maximum Sentence:
Life Imprisonment
Court:
Supreme Court
"manslaughter" .
In general terms, manslaughter is an act of causing a person’s death without the intent (i.e. Murder), but usually involves a deliberate act which caused the death, rather than just being an accident. Manslaughter may also be committed where a person would otherwise be guilty of murder but because of some provocation or legitimate self defence, the charge is reduced.
Maximum Sentence:
Life Imprisonment
Court:
Supreme Court
MURDER - S.302
(1) A person who unlawfully kills another under any of the following circumstances is guilty of "Murder"
(a) intended to cause the death of the person killed;
(aa) caused death by an act done, or omission made, with reckless indifference to human life;
(b) caused by an act done by an unlawful purpose of such a nature likely to endanger human life;
(c) intended to do grievous bodily harm for the purpose of facilitating a crime or fleeing a crime;
(d) caused by administering any stupefying or overpowering thing;
(e) caused by wilfully stopping the breath of any person;
Sentence:
(1) Life imprisonment which cannot be mitigated or varied.
(2) Where there is more than 1 conviction or previous history - Minimum 30 years
(4) If the person killed was a police officer - Minimum 25 years
Court:
Supreme Court
(a) intended to cause the death of the person killed;
(aa) caused death by an act done, or omission made, with reckless indifference to human life;
(b) caused by an act done by an unlawful purpose of such a nature likely to endanger human life;
(c) intended to do grievous bodily harm for the purpose of facilitating a crime or fleeing a crime;
(d) caused by administering any stupefying or overpowering thing;
(e) caused by wilfully stopping the breath of any person;
Sentence:
(1) Life imprisonment which cannot be mitigated or varied.
(2) Where there is more than 1 conviction or previous history - Minimum 30 years
(4) If the person killed was a police officer - Minimum 25 years
Court:
Supreme Court
AFFRAY - S.72
(1) Any person who takes part in a fight in a public place, or takes part in a fight of such a nature as to alarm the public in any other place to which the public have access, commits a misdemeanour.
Maximum Sentence:
1 year imprisonment
Court:
Magistrates Court
Maximum Sentence:
1 year imprisonment
Court:
Magistrates Court
RIOT - S.61
(1) If 12 or more people who are present together use or threaten to use violence to a person or property for a common purpose; and that conduct would cause a person in the vicinity to reasonably fear for their personal safety;
each of the assembled persons commits the crime of taking part in a riot.
Maximum Sentence:
Simplicitor: 3 years Imprisonment, unless:
* the offender is armed with a dangerous or offensive weapon, or instrument or explosive substance; or property is damaged, whether by the offender or another of the assembled person, then 7 years imprisonment.
* the offender causes grievous bodily harm, or causes an explosive substance to explode, or destroys or starts to destroy a building, vehicle or machinery, then the maximum sentence is Life imprisonment.
Court:
Magistrates Court for the simplicitor, otherwise must be dealt with in the District Court.
each of the assembled persons commits the crime of taking part in a riot.
Maximum Sentence:
Simplicitor: 3 years Imprisonment, unless:
* the offender is armed with a dangerous or offensive weapon, or instrument or explosive substance; or property is damaged, whether by the offender or another of the assembled person, then 7 years imprisonment.
* the offender causes grievous bodily harm, or causes an explosive substance to explode, or destroys or starts to destroy a building, vehicle or machinery, then the maximum sentence is Life imprisonment.
Court:
Magistrates Court for the simplicitor, otherwise must be dealt with in the District Court.
THREATENING VIOLENCE S.75
(1) Any person commits a crime who
(a) intends to intimidate or annoy any person, threatens to enter or damage a dwelling or other premises; or
(b) discharges firearm or other act likely to cause fear of bodily harm or damage to property;
(2) Aggravated if the offence is a hate crime
(3) Aggravated if the offence is committed at night
Maximum Sentence:
(1) 2 years imprisonment
(2) 3 years imprisonment
(3) 5 years imprisonment
Court:
(1) Magistrates Court
(2) Magistrates Court
(3) District Court.
(a) intends to intimidate or annoy any person, threatens to enter or damage a dwelling or other premises; or
(b) discharges firearm or other act likely to cause fear of bodily harm or damage to property;
(2) Aggravated if the offence is a hate crime
(3) Aggravated if the offence is committed at night
Maximum Sentence:
(1) 2 years imprisonment
(2) 3 years imprisonment
(3) 5 years imprisonment
Court:
(1) Magistrates Court
(2) Magistrates Court
(3) District Court.
ASSAULT WITH INTENT TO STEAL - S.413
(1) Any person who assaults any person with intent to steal anything is guilty of a crime,
Maximum Penalty
3 years imprisonment
Court
Magistrates Court
Maximum Penalty
3 years imprisonment
Court
Magistrates Court
ROBBERY - S.409
(1) Any person who steals anything, and uses or threatens to use actual violence to obtain the thing stolen or to prevent or overcome resistance to its being stolen, is guilty of "robbery" .
(2) Aggravating circumstances include: Being armed, being in company with another offender, wounds a person or uses violence in the course of the robbery
Maximum Penalty
(1) 14 years imprisonment
(2) Life imprisonment
Court
District Court.
(2) Aggravating circumstances include: Being armed, being in company with another offender, wounds a person or uses violence in the course of the robbery
Maximum Penalty
(1) 14 years imprisonment
(2) Life imprisonment
Court
District Court.
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