Assault Offences

Assault is the use of force or threat against a person, and is a severe offence that may lead to a record of conviction against your name. Assault offences can be classified into the following categories and different penalties apply based on the nature of the assault.

Common assault

Common assaults mostly include minor assaults against a person that do not involve injuries or actual and grievous bodily harm. Common assault carries a maximum penalty of 3 years, which may be accompanied by fines and other penalties depending upon the nature of the crime. Other penalties may include an Intensive Correction Order (ICO), Probation, Community Service Orders, Recognisance, Fines or a Section 19 order. Common assault may result in a record of a criminal conviction against your name. Legal advice may help you to avoid the criminal record.

Affray

An affray is minor wrongdoing arising due to fights or scuffles between two or more parties. An affray can attract a penalty of 1-year imprisonment unless the offender is a member of a criminal organization. In such cases, the penalty may be extended to 7-years imprisonment. Other penalties that may apply are Intensive Correction Order (ICO), Probation, Community Service Orders, Recognisance, Fines and Section 19 order.

Assault Occasioning Bodily Harm (AOBH)

AOBH may result in imprisonment of 7 years which may be accompanied by fines and/or other penalties. AOBH is generally a case of assault when physical injuries are involved, but do not result in Grievous Bodily Harm or serious harm. Generally, a criminal conviction will be recorded against the offender, but it is not inevitable. Legal advice may be helpful to avoid criminal conviction being recorded. In some cases, Aggravated Assault Occasioning Bodily Harm may be recorded depending upon the nature of the assault. It carries a penalty of maximum 10-year imprisonment.

Serious Assault

A serious assault may include a gentle push through to a closed fist or head butt which does not result in injury, slap to the face or spitting on somebody. It carries a maximum imprisonment of 7 years and may be accompanied by fines and other penalties. Other penalties may include Intensive Correction Order, Probation, Community Service Orders, Recognisance, Fines and Section 19 order. A criminal conviction may be recorded against your name which is not inevitable and may be avoided by seeking legal advice.

Serious Assault on Police

An assault on a police officer may include a gentle push through to a closed fist or head butt which does not result in injury, slap to the face or wrestling with a police officer. Serious assault may result in a maximum penalty of 14 years depending upon the nature of the assault and may be accompanied by fines or other penalties.

Unlawfully Causing Grievous Bodily Harm (GBH)

A GBH is a very serious offense and it may result in a serious criminal offense leading to 14-year imprisonment. Section 1 of the Queensland Criminal Code defines the grievous bodily harm as:

• the loss of a distinct part or an organ of the body;
• serious disfigurement; or
• any bodily injury of such a nature that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health.

Intentionally causing GBH may result in lifetime imprisonment.