Affray (fighting in public / privately)
Under section 72 of the Criminal Code Queensland, a person who partakes in a fight that occurs in a private or public space, where people may be present or alarms the public is liable for affray.
To be liable for affray it must be proven that a person has been violent or threatened to be violent with another person and caused that person to fear for their safety.
The maximum penalty for affray is one year imprisonment.
Assault occasioning bodily harm
In accordance with sections 245(1) of the Criminal Code of Queensland, anyone 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 other person's consent if obtained by fraud' or threatens a person with the before mentioned is liable for assault.
To be liable for assault occasioning bodily harm it must be proven that a person has applied force of any nature to a person, directly or indirectly without their consent. Additionally the contact with the person was not authorised or excused by law and the person has suffered injury that has affected their health or comfort.
The maximum penalty for assault occasioning bodily harm is seven years imprisonment.
Negligent Acts Causing Harm
Negligent acts causing harm are addressed in sections 328 of the Criminal Code Queensland: "Any person who unlawfully does any act, or omits to do any act which is a person's duty to do, by which act or omission bodily harm is actually caused to any person is guilty of a misdemeanour."
To be liable for negligent acts causing harm it must be proven that a person performed an unlawful act or intended to do a negligent act which resulted in the bodily harm of another.
The maximum penalty for negligent acts causing harm is two years imprisonment.
Assault on a police officer
If a person obstructs, hinders or interferes with a police officer while he or she is trying to execute his or her duty they are liable for assault on a police officer. This includes spitting at or biting an officer.
In order to be liable for assault on a police officer, in addition to the above criteria for assault occasioning bodily harm, it must be proven that a person acted towards a police officer who was, at the time of the incident, executing his or her role as a police officer.
Note: it is not a defence that you were unaware that the person was a police officer.
The maximum penalty for assaulting a police officer is seven years imprisonment.
Common assault is dealt with under section 245(1) of the Criminal Code of Queensland. Anyone 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 other person's consent if obtained by fraud' is liable for common assault.
Common assault differs from assault occasioning bodily harm in the fact that to be liable it doesn't need to be proven that the complainant suffered bodily harm.
The maximum penalty for common assault is seven years imprisonment.
Grievous Bodily Harm
Grievous bodily harm is dealt with under section 339 of the Criminal Code Queensland and is categorized simply as doing grievous bodily harm to another person. Grievous bodily harm to another person means seriously disfiguring a person or causing injury that could endanger or is likely to endanger life or cause permanent injury to health or cause the loss of a distinct organ.
A person is liable if it can be proven that they did grievous bodily harm to another person and that the grievous bodily harm was unlawful.
The maximum penalty for grievous bodily harm is fourteen years imprisonment.
Attempted murder is dealt with under sections 306 of the Criminal Code Queensland. Attempted murder constitutes attempting to unlawfully kill another human being or conspiring to kill another human being. It includes failed attempts to murder and also intention to murder.
For a person to be liable of attempted murder if must be proven that they had intention to kill at the time in question and those intentions to kill were put into action.
The maximum penalty for attempted murder is life imprisonment.
Murder is dealt with under section 302 of the Criminal Code Queensland. Murder constitutes unlawfully killing another person under the following circumstances:
the offender intents to kill or cause grievous bodily harm to the person killed or some other person;
the offender intends to stop the life of another through wilfully stopping the breathing of a person.
To be liable for murder it must be proven that the person in question is dead, the accused is responsible for the death and intended to kill or grievously harm the deceased person.
The maximum penalty for murder is life imprisonment.
Manslaughter is addressed in sections 303 of the Criminal Code Queensland. A person is guilty of manslaughter if they have unlawfully killed another person in circumstances that DO NOT constitute murder. In other words - they have killed another but did not have the intention to do so.
The maximum penalty for manslaughter is life imprisonment.
Five of our offices are conveniently located nearby the Courts which allow us to accept instructions to act and appear in Court or to file urgent documents at short notice.
Our offices near courts are
We also have an office at
- Mermaid Beach
If you would like to find out how Quinn & Scattini can help you, please call us on 1800 999 LAW (1800 999 529), or email us at email@example.com