In Queensland, an affray is an instance of group fighting in a public place or of such a nature as to alarm the public.
What Court will hear the matter?
Affray offences are dealt with in the Magistrates Court.
What is the maximum penalty?
The maximum penalty is 12 months imprisonment.
If you are charged with affray you should seek legal advice immediately.
You may be charged with common assault if you have assaulted someone, but no injury has been suffered by that person. This is the least serious of all assault charges.
What Court will hear the matter?
Common assault charges are heard in the Magistrates Court.
What is the maximum penalty?
The maximum penalty for common assault is 3 years imprisonment.
If you commit an assault whilst you are in a public place and adversely affected by an intoxicating substance, it is mandatory for a Court to order that you complete community service as part of any sentence. This penalty can be in addition to any other penalty imposed by the Court.
If you are charged with common assault, you should seek legal advice as soon as possible.
You will be charged with serious assault if you:-
Assault another with intent to resist or prevent their lawful arrest or detention;
Assault, resist or wilfully obstruct a Police Officer, Paramedic, nurse, doctor or Corrective Services Officer performing their duty;
Assault a person who is over the age of 60 years; or
Assault a person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device.
Penalties are more severe if you are charged with serious assault due to the apparent vulnerability of the victim.
What Court will hear the matter?
Depending on the circumstances, serious assault offences are heard in either the Magistrates Court or District Court.
What is the maximum penalty?
The maximum penalty for serious assault is 7 years imprisonment. If certain aggravating circumstances are involved in the serious assault, the maximum penalty is 14 years imprisonment. This includes the following:
If you bite or spit or in any other way apply a bodily fluid or faeces to a Police Officer;
If you cause bodily harm to the Police Officer; or
If you are, or pretend to be armed with a weapon.
If you commit serious assault whilst you are in a public place and whilst adversely affected by an intoxicating substance, it is mandatory for a Court to order that you complete community service as part of any sentence.
If you are charged with serious assault, you should seek legal advice immediately.
If you assault a person, and cause injury to that person, you may be charged with assault occasioning bodily harm.
What is bodily harm?
The definition of bodily harm is wide and includes any injury suffered by a person, including:-
Fractured bones;
Cuts, scrapes and scratches;
Bruising; and
Swelling.
Even if an injury suffered by a person is minor, your actions may still constitute the offence of assault occasioning bodily harm.
What Court will hear the matter?
Assault occasioning bodily harm offences can be dealt with in the Magistrates Court, however there are occasions where they will be heard in the District Court. If you are charged with a circumstance of aggravation, the charge will be heard before the District Court.
Circumstances of aggravation
If the offence was committed while you were armed or if the offence was committed while you were in the company of another person, your charge will include a circumstance of aggravation.
What is the maximum penalty?
The maximum penalty is 7 years imprisonment. However, the maximum penalty increases to 10 years if you are charged with a circumstance of aggravation.
If you commit the offence whilst you were in a public place and whilst adversely affected by an intoxicating substance, it is mandatory for a Court to order that you complete community service as part of your sentence.
If you are charged with assault occasioning bodily harm, you should seek legal advice immediately.
If you have caused a serious injury to someone, you may be charged with grievous bodily harm. Grievous bodily harm is a very serious offence and usually attracts time in custody should you be convicted.
What is grievous bodily harm?
Grievous bodily harm includes the following serious injuries:-
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.
It is irrelevant whether treatment is or could have been available to the victim. What is relevant is the nature of the injury itself at the time the harm was done.
Some examples of grievous bodily harm include the loss of a limb, a broken bone, etc.
What Court will hear the matter?
Grievous bodily harm offences are dealt with in the District Court.
What is the maximum penalty?
The maximum penalty is 14 years imprisonment.
If you commit the offence whilst you were in a public place and whilst adversely affected by an intoxicating substance, it is mandatory for a Court to order that you complete community service as part of your sentence.
If you are charged with grievous bodily harm, you should seek legal advice immediately.
It is an offence for you to assault or obstruct a police officer in the performance of that officer’s duties.
You could be charged with obstructing police if you resist, hinder or attempt to obstruct a police officer. Any behaviour that makes a police officer’s job more difficult can be classed as an obstruct offence. Some common examples include pulling away from an officer when you are placed under arrest or refusing to be escorted to a police vehicle.
If you strike, touch or apply force to a police officer who is performing or attempting to perform their duties, you may be charged with assault police. An injury does not need to be suffered by the police officer for you to be charged with this offence.
What Court will hear the matter?
This matter will be dealt with in the Magistrates Court.
What is the maximum penalty?
The maximum penalty is 6 months imprisonment or a fine. However, if the offending occurred within a licensed premises, the maximum penalty is increased to 12 months imprisonment (or a higher fine).
If you are charged with assaulting or obstructing a police officer, you should seek legal advice immediately.
You will be charged with unlawful wounding if you cause an injury to another person resulting in their skin being broken. It is not enough for an injury to be to the cuticle or outer skin only. Injuries of this nature often result from either a wound caused from a knife, a broken glass or bottle. “Pub glassings” are common actions that result in people being charged with unlawful wounding.
What Court will hear the matter?
Unlawful wounding is dealt with in the District Court.
What is the maximum penalty?
The maximum penalty is 7 years imprisonment.
If you commit the offence whilst you were in a public place and whilst adversely affected by an intoxicating substance, it is mandatory for a Court to order that you complete community service as part of your sentence.
If you are charged with unlawful wounding, you should seek legal advice immediately.
If you choke, suffocate or strangle another person in a domestic setting, you may be charged with an offence. In order to be charged with this offence, you must be in a domestic relationship with the victim or your conduct must amount to associated domestic violence under the Domestic and Family Violence Protection Act 2012 (Qld).
If you are convicted of choking, suffocation or strangulation in a domestic setting, the likely penalty range includes a period of imprisonment.
What Court will hear the matter?
This offence will be dealt with in the District Court.
What is the maximum penalty?
The maximum penalty is 7 years imprisonment.
If you are charged with choking, suffocation or strangulation in a domestic setting, you should seek legal advice immediately.
If you have intentionally inflicted pain on another person, you may be charged with torture. If you are convicted of torture, the likely penalty range includes a period of imprisonment.
What is torture?
One, or several acts committed to inflict severe pain or suffering can amount to torture. This means that the infliction of pain or suffering does not need to last for a prolonged period of time. The infliction of pain or suffering must be intentional.
The pain or suffering experienced by the person does not need to be physical and can include:-
Mental pain or suffering;
Psychological pain or suffering; or
Emotional pain or suffering.
What Court will hear the matter?
The offence of torture will be dealt with in the District Court.
What is the maximum penalty?
The maximum penalty for torture is 14 years imprisonment.
If you have been charged with torture, you should seek legal advice immediately.