Assault Charges

What constitutes assault in QLD?

Different jurisdictions define the various types of assault offences differently in Australia. The overarching definition however generally includes the act of harmfully or offensively contacting another person to cause them discomfort against their will.

In Queensland, it is considered assault when a person “strikes, touches, moves, or applies force of any kind to another person”, as set out in section 245 of the Criminal Code Act 1899. The definition includes the use of any substance or object that will cause injury or personal discomfort to the person.

Assault charges are serious offences and often lead to criminal convictions if found guilty by the courts of Queensland. That's why it's imperative to seek legal advice from a criminal lawyer as soon as possible. 

Possible Assault Defences

To be found guilty of any assault charge in Queensland, the prosecutor must be able to provide evidence that a person committed an offence. An experienced criminal defence lawyer will be able to advise you whether or not a relevant defence is applicable to your circumstances. There are commonly two defences used against a charge of assault; provocation and self-defence.

Provocation

Under section 268 of the Criminal Code, the defence of provocation is defined as “any wrongful act or insult of such a nature as to be likely, when done to an ordinary person…to deprive them of the power of self-control, and to induce the person to assault the person by whom the act is done”.

The accused must be able to prove a level of provocative conduct from the victim, and the response must generally be immediate and so-called ‘in the heat of the moment'. If successfully demonstrated, provocation absolves the defendant of any criminal responsibility resulting from the assault.

Self Defence

With sufficient evidence a person was acting in self-defence, the defendant can be found not guilty of an assault charge. It has to be evident the accused person’s actions were committed to protect themselves or another person.

Unprovoked Assault

The Criminal Code states that an individual is lawfully allowed to use any reasonable force necessary to defend themselves against another person committing an act of unprovoked assault. The use of force must not be greater than the force used by the other person to commit the assault, and thus considered proportionate to the perceived threat.

Provoked Assault

If an individual assaults another individual or provokes an assault, the plaintiff may use what is considered reasonable force to protect themselves IF there was reasonable fear for their life or grievous bodily harm.

If a person's initial assault or provocation was done with the intent to kill or do grievous bodily harm, the court will not hear the defendant on the basis of this defence.