Facing A Violent offence charge in QLD?
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If you have been charged with or are being investigated for a violent offense in QLD, such as Common Assault, Serious Assault, Assault Occasioning Bodily Harm, Grievous Bodily Harm, Torture, Manslaughter, Attempted Murder, or Homicide, your liberty is at serious risk. Seeking the advice of an experienced criminal lawyer is crucial to ensure that your rights are protected and you are defended every step of the way.
An expert legal team can navigate the complexities of the legal system, challenge the evidence against you, and work tirelessly to achieve the best possible outcome. Don't leave your future to chance; secure professional legal representation immediately to safeguard your freedom and your rights.
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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:
Did the defendant punch [or specify the act alleged by the prosecution, being an act within the definition found in s 245A]?
Was that act done without A’s consent
Was that act unlawful? Unlawful means not authorised, justified or excused by law.
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The prosecution must prove that:
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;
The assault was unlawful, that is not authorised, justified or excused by law;
The defendant thereby did the complainant bodily harm that is, any bodily injury which interferes with health or comfort;
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.
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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.
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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.
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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.
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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.
Types of VIolent Offences
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Common assault in Queensland involves the application of force or the threat of force without lawful justification. It does not necessarily involve physical injury; even a threat or attempt to apply force can constitute common assault. Penalties can include fines, community service, or imprisonment, depending on the severity of the offense and the circumstances surrounding it.
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Serious assault encompasses more severe instances of assault, often involving attacks on vulnerable individuals such as police officers, public officials, or elderly persons. This charge carries harsher penalties, including longer prison sentences. Aggravating factors, such as the use of a weapon or causing significant fear, can increase the severity of the punishment.
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Homicide in QLD refers to the unlawful killing of another person and includes both murder and manslaughter. Murder involves premeditation and intent to kill, while manslaughter involves a death caused by reckless or negligent actions. Penalties for homicide are among the most severe in the legal system, with murder often resulting in life imprisonment.
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Grievous bodily harm involves causing serious injury to another person, including permanent disfigurement or loss of a bodily function. GBH is one of the most serious forms of assault under QLD law and carries significant penalties, often involving lengthy imprisonment due to the severe impact on the victim's life.
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Torture is the intentional infliction of severe physical or mental pain or suffering on a person. It is considered a heinous crime under QLD law, with penalties reflecting its severity. Convictions can lead to long-term imprisonment, reflecting the grave nature of the offence and its impact on the victim.
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Manslaughter involves the unlawful killing of another person without the intent to cause death, typically due to recklessness or negligence. Unlike murder, manslaughter does not involve premeditation. Penalties are severe, including lengthy prison sentences, reflecting the serious nature of taking a life, even without intent.
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Attempted murder is the act of intending to kill someone but failing to do so. This charge indicates a clear intention to cause death, even if the outcome was unsuccessful. Penalties are severe, often involving substantial prison terms, reflecting the seriousness of the intent behind the action.
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This offence occurs when an assault results in actual physical harm to the victim. The injury must be more than trivial but does not have to be permanent or life-threatening. Penalties for assault occasioning bodily harm are more severe than for common assault and can include substantial fines and imprisonment.
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