Assault & Violent Offences

Categories of Assault Under Queensland Law

Queensland criminal law recognises multiple categories of assault, distinguished primarily by the severity of the harm caused and the circumstances in which the offence occurred. Common assault, defined under section 335 of the Criminal Code, is the least serious category and includes conduct such as pushing, slapping, or threatening gestures that cause a person to fear immediate unlawful contact. Despite being at the lower end of the spectrum, common assault still carries a maximum penalty of three years imprisonment. Assault occasioning bodily harm (AOBH) under section 339 requires proof that the assault caused actual bodily harm, which includes any hurt or injury that interferes with the victim's health or comfort. This can include bruises, cuts, black eyes, and psychological harm. The maximum penalty for AOBH is seven years imprisonment. Grievous bodily harm (GBH) under section 320 involves the most serious injuries, including permanent or serious disfigurement, loss of a bodily function, or any injury that endangers life. GBH carries a maximum of 14 years imprisonment, or life imprisonment if the prosecution proves the offender intended to cause GBH. Wounding, under section 323, involves breaking the skin and carries a maximum of seven years.

Self-Defence and Legal Defences

Self-defence is a complete defence to assault charges under section 271 of the Criminal Code Act 1899 (Qld). The law recognises your right to use reasonable force to defend yourself, another person, or your property from an unlawful attack. The key question in any self-defence case is whether the force used was reasonable in the circumstances as you reasonably believed them to be. The test is partly subjective—considering your genuine perception of the threat—and partly objective—whether a reasonable person in your position would have responded with the same level of force. Provocation is a partial defence that can reduce a charge of murder to manslaughter or mitigate sentence for assault offences. Under section 268 of the Criminal Code, provocation arises when you are deprived of self-control by the victim's wrongful act or insult that would have deprived an ordinary person of self-control. The defence of another person allows you to use reasonable force to protect a family member or any other person from unlawful attack. The same reasonableness test applies. Duress and necessity are additional defences available in limited circumstances where you committed the assault because of threats or to prevent a greater harm.

Sentencing for Violent Offences in Queensland

Sentencing for violent offences in Queensland is governed by the Penalties and Sentences Act 1992 (Qld) and guided by the purposes of sentencing: just punishment, deterrence, community protection, rehabilitation, and denunciation. Where the offence involves violence, general deterrence—discouraging others from committing similar acts—is given particular weight. Queensland courts also consider the victim impact statement, which describes the physical, emotional, and financial harm suffered by the victim. An early plea of guilty typically results in a sentencing discount of up to 30 per cent. The court has access to a range of sentencing options. For less serious matters, the court may impose a fine, good behaviour bond, or community service order. For offences of moderate seriousness, an intensive correction order (ICO) can be imposed as an alternative to imprisonment, requiring the offender to perform unpaid community work and participate in rehabilitation programs. For serious violent offences, actual imprisonment is the likely outcome. Queensland law requires that offenders convicted of serious violent offences serve 80 per cent of their sentence before being eligible for parole, which significantly increases the actual time served.

Assault & Violent Offences FAQs (Queensland Law)