Serious assault is an offence in Queensland that applies when an assault occurs against specific types of victims, such as:
- people aged over 50 years
- people who use a wheelchair, walking frame, walking stick, guide or hearing dog, or other assistive devices
- police officers on duty, or anyone aiding them
- people doing a duty imposed upon them by law.
It also applies to assaults in particular circumstances, such as assaults with the intention of committing a crime or as part of a conspiracy.
In order to prove a serious assault charge, the prosecution does not have to show that the accused person was aware of the victim's status as, for instance, a person over the age of 50 years.
The full wording of the charge is in the Queensland Criminal Code.
A serious assault charge can attract significant penalties. The maximum penalty is 14 years of imprisonment. Sentences of imprisonment, including with actual custody, are often imposed in cases involving actual violence against a police officer, or conduct such as spitting.
It is not uncommon for a serious assault charge to arise in the context of a person being arrested by police, or where they have presented to hospital emergency services under the influence of alcohol or other drugs. Where this occurs, it is important to review the full circumstances of the case and explore any possibility that the accused person was acting involuntarily or in self-defence.
If you have been charged with serious assault, it is important that you have quality legal representation.
You're in expert hands
Jasper Fogerty Lawyers has extensive experience dealing with the full range of assault and violence charges. As Accredited Specialists in criminal law, Julia Jasper and Rebecca Fogerty are uniquely placed to provide you with strong and proactive representation and advocacy.
We provide legal representation at all stages of your matter, including the initial police investigation, bail application (if any), preliminary court appearances and the final hearing. We also provide advice for people who haven’t been charged yet but are worried they might be.
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