Assault & violence

An assault charge is not resolved by explaining yourself at the police station.

Fraser Lawyers acts in defence of assault and violence charges in the Magistrates and District Courts of Queensland.

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Most assault charges arise from an incident that lasted seconds. The legal proceedings that follow can last months. The disproportion between those two facts does not make the charge less serious.

Queensland assault offences are set out in the Criminal Code Act 1899 (Qld). The range is wide: from a common assault heard in the Magistrates Court with a maximum of three years, to grievous bodily harm heard in the District Court with a maximum of fourteen. The appropriate charge, the appropriate court, and the available defences depend on the nature of the alleged conduct, the injury, and the circumstances.

Self-defence is a genuine defence under s 271 of the Criminal Code Act 1899 (Qld). Provocation may reduce the gravity of the conduct. Consent, in limited circumstances, may be relevant. None of these are simply asserted; they require evidence and legal argument. An informal explanation given to police rarely establishes them.

Where domestic and family violence is alleged, there is a civil protection order system running alongside the criminal proceedings. Those are separate processes with different burdens of proof. A criminal charge is not automatically established by the making of a protection order, and a protection order can be contested while criminal proceedings are on foot.

Scope of work

What we help with

Fraser Lawyers acts in defence of assault and violence matters, including:

Matter: What it usually involves
Common assault: Criminal Code Act 1899 (Qld) s 335; maximum 3 years; Magistrates Court
Assault occasioning bodily harm: Criminal Code Act 1899 (Qld) s 339; maximum 7 years; physical injury to the complainant
Serious assault: Criminal Code Act 1899 (Qld) s 340; assaults on police, public officers, and other aggravated categories
Grievous bodily harm: Criminal Code Act 1899 (Qld) s 320; maximum 14 years; permanent or serious injury
Wounding: Criminal Code Act 1899 (Qld) s 323; breaking the skin by cutting or tearing
Assault in a domestic and family violence context: Criminal charges arising where the parties are in a relevant relationship under the Domestic and Family Violence Protection Act 2012 (Qld)
Breach of domestic violence protection order: Criminal offence under Domestic and Family Violence Protection Act 2012 (Qld) s 75; standard of proof is criminal beyond reasonable doubt
Affray and public disorder: Criminal Code Act 1899 (Qld) s 72; conduct in a public place threatening violence
Threatening violence: Criminal Code Act 1899 (Qld) s 75; conduct intended to put a person in fear of violence
Bail applications for violence offences: Contested bail hearings where risk to a complainant or co-habitant is alleged under the Bail Act 1980 (Qld)

The distinction between bodily harm and grievous bodily harm is not merely descriptive. It determines the maximum sentence, the court in which the matter is heard, and the parole provisions that apply. Whether an injury is characterised as causing “grievous bodily harm” (which under the Criminal Code Act 1899 (Qld) s 1 includes the loss of a distinct part or organ of the body, serious disfigurement, or any bodily injury of such a nature that, if left untreated, would endanger life or cause permanent injury) is sometimes a matter of expert medical evidence rather than plain observation.

The difference between assault and serious assault also matters. Assaulting a police officer in the execution of duty under s 340 carries higher maximum penalties and is treated more seriously at sentencing. Whether the officer was acting in the execution of their duty is itself a legal question.

Process

What happens after you are charged.

Assault is defined in s 245 of the Criminal Code Act 1899 (Qld). A person assaults another if they strike, touch, move, or apply force to another person, directly or indirectly, without consent, or with consent obtained by fraud. An assault also includes threatening to apply force in circumstances where the other person has reasonable grounds to believe the threat will be carried out immediately.

For a charge to be established, the prosecution must prove each element beyond reasonable doubt. In practice, the contested issues are often:

Identity: Was the accused the person who committed the act? Where there is one complainant and no independent witnesses, identity can be in issue.
Consent: In limited circumstances, including contact sports and consensual conduct, consent may be a defence under s 245. The boundaries of this defence are set by case law.
Self-defence: Under s 271 of the Criminal Code Act 1899 (Qld), a person is justified in using force in defence of themselves or another if they reasonably believe the force is necessary to defend against unlawful force and the force used is not disproportionate. Both limbs must be satisfied. The test is objective as to proportionality but allows for the circumstances as the accused understood them.
Provocation: Under s 269 of the Criminal Code Act 1899 (Qld), provocation may reduce the seriousness of an assault in certain circumstances. It does not amount to a complete defence to assault but may affect the gravity of the offending.
Intention: For some assault charges, the prosecution must prove an intention to cause harm. Where the contact was accidental or unintended, this element may not be made out.

These defences are matters of evidence and argument, not assertion. They require careful preparation.

Domestic violence

Criminal charges and protection orders: separate processes.

When assault allegations arise in a domestic and family violence context, two separate legal processes typically operate at the same time.

The first is the criminal charge. The prosecution must prove the offence beyond reasonable doubt. The accused has the right to contest the charge, test the evidence, and run a defence. The standard is the criminal standard.

The second is the civil protection order process under the Domestic and Family Violence Protection Act 2012 (Qld). A protection order can be made on the civil standard of proof (balance of probabilities) that the respondent has committed domestic violence and the aggrieved needs protection. A protection order is not a finding of criminal guilt.

This distinction matters in both directions. A protection order does not resolve the criminal charge. A criminal acquittal does not prevent a protection order from being in place. Where both processes are running, the conduct of one set of proceedings requires careful thought about its effect on the other, particularly in relation to evidence and admissions.

Bail conditions in violence matters frequently include non-contact conditions and exclusion from the family home. Those conditions operate from the date of bail, before any finding of guilt, and breach of them is itself an offence. Understanding the conditions clearly before leaving court is not optional.

Bail

Bail in violence matters.

Under the Bail Act 1980 (Qld), the default position is that a person charged with an offence is entitled to bail. For violence offences, particularly those involving a domestic relationship, the prosecution will often argue that granting bail poses an unacceptable risk to the complainant or community.

The unacceptable risk test requires the court to assess whether there is an unacceptable risk that the accused will commit a further offence, fail to appear, or endanger the safety of a person. The court may impose conditions to address each risk. Where the risk can be managed by conditions (non-contact, reporting, residence, curfew, surety), bail is properly granted.

For certain serious violence offences, the accused must show cause why continued detention is not justified. The strength of the prosecution case, the nature of the alleged conduct, and the circumstances of the accused and complainant are all relevant.

Getting bail conditions right at the first hearing matters. A poorly framed bail application that fails may result in conditions that are unworkable, or in remand pending a further application. Preparation before the first mention, even when time is short, is worthwhile.

Time matters

Deadlines and risks.

Assault charges in Queensland are subject to firm timelines. After charge, the first court date is typically within days. In domestic violence contexts, an emergency protection order may already be in place, and the terms of any bail conditions take effect immediately.

The period between charge and first mention is not dead time. It is when disclosure should be requested, when the facts in the QP9 should be reviewed, and when any self-defence or provocation evidence should be identified and preserved. Witnesses who are available now may not be contactable later. Surveillance footage, medical records, and other contemporaneous evidence has a finite retention period.

For grievous bodily harm and serious assault matters, the matter will ultimately be heard in the District Court. Committal proceedings in the Magistrates Court determine whether there is sufficient evidence to commit the matter for trial. That process involves disclosure and, in some cases, the right to cross-examine prosecution witnesses. Those rights are worth using.

A guilty plea entered at an early stage attracts a discount under s 13A of the Penalties and Sentences Act 1992 (Qld). That discount diminishes as the matter progresses toward trial. The timing of a plea, if a plea is the right decision, has real consequences for the sentencing outcome.

What we do

How Fraser Lawyers acts in these matters.

Fraser Lawyers acts in defence of assault and violence charges in the Magistrates and District Courts of Queensland. Blake Fraser reviews the charge, the QP9, and any disclosure materials, and advises on whether the elements of the offence are made out, whether a defence is available, and what the sentencing range would be if a plea of guilty were entered.

Where self-defence or provocation is raised, the factual basis for the defence is examined carefully and, where it is available, properly presented. Where the charge is contested, preparation includes identification of defence witnesses, consideration of any expert evidence needed, and review of any admissions made to police.

Where the matter proceeds to sentence, a proper sentencing submission is prepared addressing the relevant purposes under s 9 of the Penalties and Sentences Act 1992 (Qld), the nature of the offending, and the subjective circumstances of the accused.

We do not make extravagant promises about outcomes. No competent lawyer should.

Practical

Documents to bring.

Notice to appear or police complaint The charging document given at the time of charge
Bail undertaking Including all conditions; breach of conditions is itself an offence
QP9 (police summary of facts) If received; often provided at first mention
Record of interview Any written or recorded statement made to police
Copy of any protection order If a domestic violence protection order is in place
Medical records or injury photographs Either for or against the alleged injury; relevant where GBH or AOBH is charged
Names and contact details of witnesses People who observed the incident or the relevant relationship
Previous criminal history If known; the court will have its own record
Employment and character evidence Relevant to both bail applications and sentencing
Any correspondence with police or the complainant since the incident Text messages, emails; may be relevant to bail conditions and evidence

Pathway

The likely path.

Step 1 — Charge review and immediate advice.

Fraser Lawyers reviews the charge, the circumstances, and any bail conditions already in place. The first priority is understanding exactly what the prosecution alleges, what the maximum penalty is, and whether any immediate steps need to be taken, including a bail application or an application to vary bail conditions.

Step 2 — Disclosure and evidence review.

The prosecution is required to disclose the evidence on which it relies. For assault matters, that typically includes the QP9, the complainant statement, any witness statements, medical evidence regarding injury, and any body-worn camera or CCTV footage. Fraser Lawyers reviews that material to assess the strength of the prosecution case and identify whether any defence is available.

Step 3 — Defence identification and strategy.

Where self-defence, consent, or a challenge to identity is available, the evidentiary basis for that defence is assembled. For more serious matters involving alleged grievous bodily harm, medical expert evidence may be required to address the nature and permanence of the injury. The decision on whether to contest the charge or enter a plea is made with full advice on the prospects and the likely sentencing range in each scenario.

Step 4 — Committal proceedings (for indictable matters).

For grievous bodily harm and other serious assault matters that will be heard in the District Court, committal proceedings in the Magistrates Court provide an opportunity to test prosecution evidence and, in some cases, cross-examine prosecution witnesses. The approach to committal proceedings is considered as part of the overall strategy.

Step 5 — Trial or sentence.

If the matter proceeds to trial, Fraser Lawyers prepares the defence case and, where appropriate, briefs counsel to appear at trial. If the matter proceeds to sentence, a submission is prepared addressing the sentencing purposes, the objective seriousness of the offence, the subjective circumstances of the accused, and the relevant sentencing range drawn from comparable cases.

Frequently asked

Questions we hear often.

Plain-English answers to the questions clients tend to ask. If your question is not here, call us.

Get in touch

What is the difference between assault occasioning bodily harm and grievous bodily harm?

Assault occasioning bodily harm under s 339 of the Criminal Code Act 1899 (Qld) requires proof that the assault caused bodily harm, which includes any bodily injury that interferes with health or comfort. Grievous bodily harm under s 320 requires proof of more serious injury: loss or serious impairment of a bodily part or organ, serious disfigurement, or injury of a nature that, if left untreated, would endanger life or cause permanent injury. The maximum penalty for AOBH is 7 years; for GBH it is 14 years. The charge determines the court, the sentencing range, and the parole provisions that apply.

Can I claim self-defence?

Self-defence under s 271 of the Criminal Code Act 1899 (Qld) is a genuine defence. It requires that the accused believed on reasonable grounds that it was necessary to use force to defend themselves or another, and that the force used was not disproportionate to the threat. Both elements must be satisfied. The defence does not require that the accused was in fact in danger, only that their belief about the danger was reasonable. Where self-defence is raised, the prosecution must disprove it beyond reasonable doubt. Whether the facts support the defence requires careful assessment of the evidence.

A protection order has been made against me. Does that mean I am guilty of assault?

No. A domestic violence protection order is a civil order made under the Domestic and Family Violence Protection Act 2012 (Qld) on the civil standard of proof (balance of probabilities). It is not a finding of criminal guilt. A criminal assault charge must be proved beyond reasonable doubt, and a person is entitled to contest a criminal charge regardless of whether a protection order is in place. The two processes run separately and neither automatically resolves the other.

What happens if I breach my bail conditions in a domestic violence matter?

Breach of a bail condition is a criminal offence and can result in arrest, remand in custody, and revocation of bail. In domestic violence matters, bail conditions typically include non-contact conditions and exclusion from a shared residence. Even if the other party initiates contact, compliance with the bail conditions remains the responsibility of the person on bail. Breach of a domestic violence protection order is also a separate criminal offence under s 75 of the Domestic and Family Violence Protection Act 2012 (Qld).

Can assault charges be heard in the Magistrates Court?

Common assault and assault occasioning bodily harm without aggravation are generally heard in the Magistrates Court. Serious assault under s 340, grievous bodily harm, and wounding are indictable offences that, following committal, are heard in the District Court. The court determines the range of available sentences and the procedural rights available to the accused, including the right to trial by jury in the District Court.

Will I go to prison for an assault charge?

Whether a custodial sentence is imposed depends on the nature and seriousness of the offence, any criminal history, and the subjective circumstances of the accused. For a first-time common assault without significant injury, a non-custodial outcome is often available. For grievous bodily harm with weapon use, premeditation, or a history of violence, the sentencing range is significantly higher. The answer to this question depends on the specific facts, and is better addressed after reviewing the charge and the circumstances.

Talk to Fraser Lawyers about your assault charge.

A short enquiry is usually enough to understand what the charge involves, what the options are, and what happens at the first court date. Fraser Lawyers is based at 86 Bundall Road, Bundall, and acts for clients across the Gold Coast and South East Queensland.