Call Us Now: 0416 126 532

Violent Offences

Been caught or under investigation?

If you have been charged with or if you are being investigated for a violent offence in QLD, including Common Assault, Serious Assault, Assault Occasioning Bodily Harm, Grievous Bodily Harm, Torture, Manslaughter, Attempted Murder or Homicide, your liberty is at serious risk. It is crucial that you seek the advice of an experienced criminal lawyer to ensure that you are protected and defended every step of the way.

Questions?
Look Here.

We take a client-first approach that is focused on delivering solutions and results tailored to each individual’s case. This commitment is demonstrated through our customised four stage client process, which includes an initial consultation, case strategy development, court representation and outcome review.                                            

Criminal Code s 245: Definition of assault (1) 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, or with the other person's consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person's consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person's purpose, is said to assault that other person, and the act is called an assault. (2) In this section— applies force includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatever if applied in such a degree as to cause injury or personal discomfort.

Criminal Code s 335: Common assault (1) Any person who unlawfully assaults another is guilty of a misdemeanour, and is liable, if no greater punishment is provided, to imprisonment for 3 years.

It will often be sufficient to pose the following questions, depending on the issues in the case:

  1. Did the defendant punch [or specify the act alleged by the prosecution, being an act within the definition found in s 245A]?
  2. Was that act done without A’s consent
  3. Was that act unlawful? Unlawful means not authorised, justified or excused by law.

The prosecution must prove that:

  1. The defendant assaulted the complainant;

Any person who strikes, touches or moves or otherwise applies force of any kind to the person of another, either directly or indirectly, without that person’s consent is said to assault that other person;

  1. The assault was unlawful, that is not authorised, justified or excused by law;
  2. The defendant thereby did the complainant bodily harm that is, any bodily injury which interferes with health or comfort;
  3. Refer to any circumstance of aggravation.

It is a circumstance of aggravation if the offence is committed in a public place while the person was adversely affected by an intoxicating substance.

Criminal Code s 320: Grievous bodily harm

(1) Any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 14 years.

Criminal Code s 1: Grievous bodily harm

grievous bodily harm means—

(a) the loss of a distinct part or an organ of the body; or

(b) serious disfigurement; or

(c) 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;

whether or not treatment is or could have been available.

A person who tortures another person commits a crime. Torture means the intentional infliction of severe pain or suffering on a person by an act or a series of acts done on 1 or more than 1 occasion. The prosecution must prove beyond reasonable doubt that:

1. The defendant inflicted severe pain or suffering on the complainant.

To inflict pain or suffering is to cause it to be felt. The pain or suffering may be physical, mental, psychological or emotional and it may be temporary or permanent. Pain or suffering are subjective. One person may experience greater pain or suffering from the same pain-provoking factor than another person. The question of whether any pain or suffering was severe is a matter of fact for you to determine. The evidence of the person who endured the pain or suffering is not necessarily conclusive of the question.

2. The defendant inflicted the severe pain or suffering intentionally.

That is, that the defendant intended his/her act(s) to inflict severe pain or suffering on the complainant. It is not enough that such suffering is the consequence of the defendant’s act(s) and that the acts were deliberate. The prosecution must prove an actual, subjective, intention on the part of the defendant to cause severe pain or suffering by his/her conduct. The acts in question must have the infliction of such pain and suffering as their design or object; that must be their intended consequence or purpose. The prosecution must prove that the defendant consciously decided [eg. to beat] the complainant in order to cause him/her severe pain or suffering.

To establish the offence of torture the prosecution must prove that the defendant intentionally inflicted severe pain or suffering on the victim by at least one act.

303 Definition of manslaughter

(1) A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter.

Section 291 provides, “It is unlawful to kill any person unless such killing is authorised or justified or excused by law”. Pursuant to section 300, an offender who commits an unlawful killing will be guilty of either “murder or manslaughter, depending on the circumstances of the case”. A charge of murder pursuant to section 302(1) requires proof of unlawful killing in any of the circumstances specified therein. If there has been an unlawful killing but the circumstances in section 302(1) are not present then, pursuant to section 303(1), the offender will be guilty of manslaughter.

Manslaughter is an available inherent alternative to a charge of murder (per section 576) and, if murder is charged, manslaughter need not be alleged as a separate count in the indictment. If there is to be a prosecution for an unwilling killing but the prosecution do not charge it as murder then the charge of manslaughter will be specifically alleged as a count in the indictment.

Elements

Manslaughter’s elements derive from sections 293 (definition of killing) and 300 (unlawful homicide). The three elements are:

(1) the deceased is dead;

(2) the defendant caused the deceased’s death;

(3) the defendant did so unlawfully, ie any defences are excluded beyond a reasonable doubt.

306 Attempt to murder

(1) Any person who—

(a) attempts unlawfully to kill another; or

(b) with intent unlawfully to kill another does any act, or omits to do any act which it is the person’s duty to do, such act or omission being of such a nature as to be likely to endanger human life;

is guilty of a crime, and is liable to imprisonment for life.

What Our Clients Say

The feedback we receive regularly from our clients speaks volumes about our commitment to excellent results, professionalism and service.

Karen Kettlewell

Belinda is the epitome of professionalism in her practice of criminal law. I’ve worked as a Criminologist in the court system alongside Belinda for many years and would refer clients to her for representation. Belinda is fair and empathetic and is able to get the result a client deserves.

Aman Walia

Belinda what you have done for me I can never put into words. Thank you for helping me have a new start in life. Thank you for listening without judgement. Thank you for being on my side. Thank you for being a brilliant lawyer. Thank you for caring.

casey strand

Belinda recently represented a close family member and thankfully got an outcome that no other lawyer said was possible.. It's clear to see that you are passionate about your work as well as being caring, honest and sincere for your clients. If your wanting the best possible outcome I cannot recommend Belinda enough!! Thankyou!

Neville Bush

Belinda is exceptional. She handled my case and everything was taken care of without much of my intervention. I am pleased to have her work on my case. I will recommend her services to my friends and family.

paul makin

Right from the very first message, Belinda has helped me all the way. She's so caring, kind and intelligent. She has given 110% and is an absolute shining star in the world of legal. Her integrity, trust and ability to adapt to the curve balls thrown at her in my case were mind blowing. I just wish there were more people in this world with the caring attitude and attention to detail she has given. Her follow up care was absolutely astounding, checking in on me , and even my family. Thankyou so much from the bottom of my heart Belinda. I'll never be able to thank you enough. You can try the rest , but don't bother , just go to the best from the start !

Melissa Peachey

Belinda is an exceptional criminal lawyer, her attention to detail and professionalism goes above and beyond any of my expectations. We heard about Belindas success with our friend's driving offences and we didn't hesitate to employ her services for our legal battle. Her expertise and knowledge of the law was incredible but she made the process so simple, as legal jargon goes over my head. It was such a stress free experience and we were so happy with the result. You will not be disappointed with Belinda and her excellent client care. We will be using her again in future. Thank you.

Brock Lewis

Belinda, your an absolutely phenomenonal criminal lawyer, and an amazing person! Thankyou for everything and more that you did with my case! Highly Recommend Belinda to anyone in need of the best of the best to represent them to ensure the best results on the Coast!! Your work ethic, passion & drive, commitment, caring attitude, professionalism and more is truly second to none! Thankyou again from myself and the family! X

Desmond Summerfield

I found Robinson Law to be very honest in the dealing of my matter. Another law firm quoted me $1500 and exaggerated the seriousness of my minor offence by saying I needed their representation or I would get a conviction recorded, just to get my business. I was actually only looking at a $400 fine as penalty and no conviction recorded. Robinson Law gave me honest advice about the penalty I was really looking at and cared about my best interests, and saved me money to pay my fine rather than exploiting my situation, which I appreciate very much, thank you Belinda.

Jesse Parker

Absolutely recommend! I hold Belinda’s legal advice and legal representation to the highest of levels. Easily contactable, listens to instruction yet gives advice if she thinks it’s not the best move, conducts herself with the up most professionalism. You will not regret putting your trust into Robinson Law to handle your matter.

Anne Strelow

Belinda’s professionalism and tireless work as a Solicitor is truly amazing. Belinda’s empathy and dedication to her clients is second to none, her commitment to helping others is paramount. As a gifted solicitor and equally an incredible human being, Belinda is the one to help you. Forever grateful. AS.

    Register & Get Free Legal Consultation

    Charged With a Criminal Offence or Under Investigation?