Queensland Criminal Law Guide

Assault Type Offences

Assault is defined in section 245 of the Queensland Criminal Code Act 1899 as “a person 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”.

Assault offences are the most common offences of violence. There are a number of different offences which include:

• Common assault
• Assault occasioning bodily harm (aggravated by being armed or in company)
• Grievous bodily harm
• Choking in a Domestic Setting
• Obstruction or assault of a police officer
• Serious Assault
• Wounding

Rape and Sexual Offences

Effectively, a sexual assault involves an assault of a sexual nature whilst rape is an allegation of penetration without consent. Broader offences can include the possession of restricted material and simply having or distributing certain types of images can be considered a serious sexual

offence.

Other Offences against the Person

There are a variety of other offences against the person that are prescribed in the Criminal Code.

These include offences such as:

• Going Armed to Cause Fear
• Threatening Violence
• Deprivation of Liberty
• Stalking
• Torture
• Manslaughter
• Murder

Assault Stealing, Burglary, Robbery and Fraud

Stealing is fundamentally taking property that is not yours to take. It is classified as an unlawful

taking of goods with a fraudulent intent.

What that means is that if you take something that you do not have an honest claim to and deal with or convert it fraudulently then you can be charged with an offence. To deal with something fraudulently you have to dishonestly obtain a benefit from it.

Stealing and burglary charges can generally be dealt with in the Magistrates Court level unless the property is exceptionally valuable and provided that no violence is used. Periods of imprisonment can be imposed for stealing and burglary, but unless violence is used, imprisonment is generally a sentence of last resort.

Fraud offences relate to the obtaining of a benefit such as money by pretending that you are

entitled to it and using deceit to get it. Fraud offences frequently involve the use or treatment of

property that is otherwise unlawfully obtained and converted into cash.

Unlawful Use of a Motor Vehicle

The taking of motor vehicles often occurs in conjunction with Burglary offences. It happens when a motor vehicle is used without the permission of the owner. This is different from where there is an intent to  permanently deprive the owner in which case a person is frequently charged with stealing the car.

In the event that the car is involved in a police chase, there are often other charges that accompany the charge of unlawful use of a motor vehicle.

These can include dangerous operation of a motor vehicle and evade police (see traffic offences). Charges of unlawful use of a motor vehicle are highly topical and garner significant media interest due to the prevalence of the offence in Townsville.

On its own a charge of Unlawful Use of a Motor Vehicle can be dealt with in the Magistrates Court

and attracts a maximum penalty of 7 years imprisonment. It is not uncommon to see persons imprisoned for this type of offence if convicted.

Wilful Damage and Arson

Wilful damage and arson are offences that relate to the damage or destruction of property. Wilful

damage relates to the damage of property generally, whilst arson relates specifically to the setting of

fire to property such as a building or vehicle.

Both offences are indictable offences and contained within the criminal code. They are frequently charged in conjunction with other property offences eg it may be alleged that property taken in a theft was damaged after it was taken ora stolen car is found destroyed by fire.

The offence of wilful damage carries a maximum penalty in normal circumstances of 5 years imprisonment and can be dealt with in the Magistrates Court.

Arson carries a maximum penalty of life imprisonment and cannot be dealt with in the Magistrates

Court. These charges are serious and if you think that the Police suspect you for any of these offences it is important to obtain legal assistance sooner rather than later.

Traffic Offences

Traffic offences are broadly described as those involving a motor vehicle. The vast majority of

these offences are minor in nature and relate to offences such as speeding, failing to stop at a

red light or failing to give way.

The bulk of these offences are enforced by police and the issuing of infringement notices, however some offences arise from more serious circumstances and will require an appearance before the courts. These can include:

• Unlicensed and Disqualified Driving
• Drink and Drug Driving
• Dangerous Operation of a Motor Vehicle
• Evade Police

One thing that traffic offences have in common is that the laws with respect to them are incredibly

complex. By way of example, the Transport Operations Road Use Management Act Division that relates to drink driving laws in Queensland is over 100 pages long.

Drug Offences

The taking of motor vehicles often occurs in conjunction with Burglary offences. It happens when a motor vehicle is used without the permission of the owner. This is different from where there is an intent to  permanently deprive the owner in which case a person is frequently charged with stealing the car.

In the event that the car is involved in a police chase, there are often other charges that accompany the charge of unlawful use of a motor vehicle.

These can include dangerous operation of a motor vehicle and evade police (see traffic offences). Charges of unlawful use of a motor vehicle are highly topical and garner significant media interest due to the prevalence of the offence in Townsville.

On its own a charge of Unlawful Use of a Motor Vehicle can be dealt with in the Magistrates Court

and attracts a maximum penalty of 7 years imprisonment. It is not uncommon to see persons imprisoned for this type of offence if convicted.

Good Order Offences

Good order offences are offences that are put in place by statute that manage the minimum

standards of acceptable conduct generally in public places. Generally these offences are minor,

but there are serious examples of them. Examples of minor good order offences are:

• Public Nuisance Offences
• Public Urination
• Consume Liquor in a Public Place
• Possession of Knives in public places
• Obstruct/Assault Police
• Going Armed to Cause fear
• Threatening Violence
• Affray
• Riot

Some of these offences can, like traffic offences, be dealt with by way of infringement notice. Public

nuisance, public urination, consumption of liquor in public places are examples of the types of offences where infringement notices can be issued.

lf, however, an offence is more serious or involves a weapon or violence then under those circumstances persons can be arrested or brought before the courts by way of notice to appear and can be dealt with in the Magistrates Court.

However, serious public order offences such as riot, particularly if property damage or injury

results, can see persons required to appear before a District Court and can result in periods of imprisonment.

For those reasons, if you find yourself needing advice with respect to one of these types of offences, you should contact one of our experience criminal lawyers immediately.

24/7 Crime Line 0418 762 728

ATL is aware you may need representation at any time of day or night. That is why its crime line 0418 762 728 is open 24/7. Call ATL as soon as you are arrested or charged with a criminal offence. Be assisted at the earliest possible opportunity.