Assault | Wounding | Grievous Bodily Harm Offences

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These are classed as offences against the person and are considered serious crimes.

For many years Rawlings Criminal Law has provided strong, effective and passionate representation to individuals facing assault and violence related charges. The cases managed have been wide in range and seriousness and have included common assault, wounding, and grievous bodily harm.

Assault

All forms of assault involve causing physical or mental harm to another person. This may include touching, hitting, or applying force of any kind to a person without their consent.

You do not have to hit someone to be charged with assault; touching or just threatening them can still be classed as assault.

Different types of assault have different penalties depending on the seriousness. The more serious the assault and or injuries to the victim, the more severe the penalty that may be imposed.

In order to prove that an offence of common assault has been committed the prosecution must satisfy the court beyond a reasonable doubt the following:

  • There has been an application of force by the accused to the victim;
  • That application of force was executed without the victim’s consent;
  • The application of force was done so intentionally or recklessly;
  • The assault was not justified, authorised or excused by law.

What defences can be raised against a charge of Assault?

There are a number of defences available to a charge of Common Assault. These include but are not limited to:

  • Identification
  • Accident
  • Provocation
  • Self Defence or Defence of another
  • Emergency

Common Assault

Common assault is the most frequent assault charge for minor assault matters heard in Queensland courts. It may result from a person being threatened or receiving minor injuries as a result of a dispute.

For example, you could be charged with common assault if you get into a late-night scuffle at a pub, even if no one is seriously harmed.

The maximum penalty for common assault is 3 years in prison.

Assault Occasioning Bodily Harm

This more serious form of assault is when the person attacked suffers injuries which interfere with their health or comfort (i.e. they need hospital treatment or time off work as a result of the attack).

The maximum sentence for assault occasioning bodily harm is 7 years in jail however, if there is aggravation involved in the assault — for example the offender has a weapon, pretends to have a weapon or the assault is made by more than one person — the maximum sentence increases to 10 years.

Wounding

Wounding is breaking or penetrating the skin, which usually results in bleeding. Like assault causing bodily harm, it carries a sentence of up to 7 years in jail.

Grievous Bodily Harm

Grievous bodily harm is a very serious form of assault where the person attacked receives:

  • any injury that if left untreated would endanger the person’s life or cause a permanent injury or ill-health
  • a loss of a distinct part of an organ
  • serious disfigurement

If you commit grievous bodily harm you can be sentenced to up to 14 years in jail.

With grievous bodily harm, the prosecution need not prove that the accused intended to do GBH to the victim. A court only needs to be satisfied that the accused unlawfully caused the GBH suffered by the victim. The causation issue is sometimes a matter of dispute in a trial.

So, for example where the accused has pushed the victim and the victim has then fallen and suffered a head injury which constitutes GBH, a jury would need to consider whether the push caused the head injury.

I’ve been charged, what should I do?

Rawlings Criminal Law is committed to providing professional, quality advice and representation to people facing stressful predicaments in their lives. We are thorough in the consideration of the evidence and its admissibility and dedicated to our client’s cases.

Assault and violence related charges are serious matters and carry tough penalties upon conviction. We will fight to protect your interests. If you have been charged with a violence-related offence then contact us immediately.

Have you been charged with arson?

Our key function as your defence is to argue against the prosecutor’s submissions by presenting your information in a meaningful, relevant, legally admissible, and persuasive way.

 

In building our strongest application for you to be granted bail, we will design and structure your submission so that:

  • all relevant information is well presented and highlighted
  • your application is comprehensive, articulate, and evidence based
  • legal issues are properly identified and argued
  • weaknesses in the prosecution’s case are identified and argued
  • the right people and resources have been coordinated to present a strong release plan
  • where appropriate and/or required, supporting material such as letters of support, the availability of a surety, evidence of a medical condition, employment references, and the impact of a remand in custody are presented in affidavit form

GET HELP NOW – BOOK A CONSULTATION

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If you are looking for a lawyer who will provide you with personal attention and formidable representation, then Rawlings Criminal Law is here for you.

 

Book your initial free consultation and let’s get your problem sorted.

 

If you are looking for a lawyer who will provide you with personal attention and formidable representation, then Rawlings Criminal Law is here for you.

 

Book your initial free consultation and let’s get your problem sorted.