ASSAULT OFFENCES
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Assault Offences in Queensland: Common Assault, AOBH and GBH
Understanding the charges, penalties, and what to do if you’re facing an assault allegation in Queensland.
Assault offences are among the most frequently prosecuted crimes in Queensland. They range from lower‑level conduct, such as threats or minor physical contact, through to serious violence resulting in long‑term or permanent injury. The Criminal Code Act 1899 sets out several assault‑related offences, but the three most common charges are:
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Common Assault (s 335)
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Assault Occasioning Bodily Harm (AOBH) (s 339)
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Grievous Bodily Harm (GBH) (s 320)
If you have been charged, contacted by police, or believe you may be under investigation, it’s important to understand the elements of each offence, the potential penalties, and your rights.
What Is “Assault” Under Queensland Law?
Under s 245 of the Criminal Code, an assault occurs where a person:
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Applies force, or
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Threatens or attempts to apply force,
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Without consent,
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Where the person has, or appears to have, the ability to carry out the threat.
This means an assault can occur even without physical contact and even if no injury is caused.
Common Assault (s 335 Criminal Code)
Common assault is the base‑level assault offence. It applies where a person unlawfully assaults another without causing bodily harm.
Examples include:
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Pushing, grabbing, or slapping
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Spitting
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Threatening to hit someone
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Raising a fist or moving toward someone aggressively
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Throwing an object that does not cause injury
Elements the Prosecution Must Prove
Police must prove beyond reasonable doubt that:
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An assault occurred, and
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It was unlawful (not self‑defence or otherwise authorised).
Maximum Penalty
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3 years imprisonment
Aggravating factors such as assaulting a police officer or committing the offence in a domestic violence context can increase the seriousness of the charge and the sentencing range.
Common Defences
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Self‑defence
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Defence of another
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Accident
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Consent (limited)
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Mistake
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Lack of intent
Assault Occasioning Bodily Harm (AOBH) (s 339 Criminal Code)
AOBH applies where an unlawful assault results in bodily harm. “Bodily harm” means any injury that interferes with health or comfort, including:
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Bruising
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Swelling
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Cuts or abrasions
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Sprains or soreness
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More serious injuries that fall short of GBH
Elements the Prosecution Must Prove
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An unlawful assault occurred, and
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The assault caused bodily harm, and
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The accused intended to apply force (not necessarily to cause injury).
Maximum Penalty
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7 years imprisonment
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10 years imprisonment if the offence is committed in company or while armed
Common Defences
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Self‑defence
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Defence of another
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Accident
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Identification issues
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Lack of causation (injury not caused by the accused)
Grievous Bodily Harm (GBH) (s 320 Criminal Code)
GBH is one of Queensland’s most serious non‑fatal violence offences. It applies where a person unlawfully does grievous bodily harm to another.
Under the Criminal Code, grievous bodily harm means:
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The loss of a distinct part or organ of the body, or
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Serious disfigurement, or
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Any bodily injury that, if left untreated, would endanger life or cause permanent injury to health.
The seriousness of the injury is assessed as it occurred, not based on the success of medical treatment.
Examples of GBH
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Broken bones (particularly displaced or compound fractures)
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Permanent scarring or disfigurement
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Loss of teeth
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Deep lacerations requiring surgery
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Stab wounds
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Injuries causing long‑term impairment
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Injuries that would have endangered life without treatment
Elements the Prosecution Must Prove
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The accused unlawfully assaulted or injured the complainant, and
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The complainant suffered grievous bodily harm, and
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The accused intended to cause some level of harm (not necessarily GBH).
Maximum Penalty
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14 years imprisonment
Courts treat GBH extremely seriously. Actual imprisonment is common, especially where:
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The injury is severe or permanent
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A weapon was used
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The offence occurred in a public place
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The accused has a history of violence
Common Defences
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Self‑defence
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Defence of another
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Accident
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Lack of intent
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Causation issues
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Identification issues
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Provocation (limited)
GBH is a serious indictable offence and is generally dealt with in the District Court.
Serious Assault (s 340 Criminal Code)
Serious assault is a higher‑level assault offence under Queensland law that applies in specific protected‑victim or aggravated circumstances. It captures assaults against certain categories of people (such as police officers, public officers, and people over 60), as well as assaults involving particular conduct such as spitting, biting, resisting arrest, or causing bodily harm to a police officer.
Under s 340, a person commits serious assault if they:
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Assault a police officer, public officer, corrective services officer, or other protected person;
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Assault a person aged 60 or over;
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Assault a person who relies on a guide, hearing or assistance dog, wheelchair, or other remedial device;
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Assault a person while resisting arrest;
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Bite, spit on, or throw bodily fluids at a police officer or public officer; or
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Cause bodily harm to a police officer.
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The offence is designed to protect frontline workers and vulnerable people, and courts treat it as a serious breach of public order.
Examples of Serious Assault
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Struggling with police during an arrest
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Spitting at or on a police officer
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Punching or pushing a person over 60
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Assaulting a paramedic or corrective services officer
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Throwing bodily fluids at a public officer
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Causing bodily harm to a police officer during an altercation
Elements the Prosecution Must Prove
The prosecution must prove beyond reasonable doubt that:
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An unlawful assault occurred, and
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The complainant falls within a protected category or the assault occurred in a specified circumstances (e.g., resisting arrest, spitting, bodily fluids), and
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The accused intended to apply force or threaten force.
Where bodily harm is alleged, the prosecution must also prove the injury.
Maximum Penalties
Penalties vary depending on the circumstances:
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7 years imprisonment — general serious assault
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14 years imprisonment — if the offender:
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Bites, spits on, or throws bodily fluids at a police officer or public officer, or
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Causes bodily harm to a police officer
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14 years imprisonment — for serious assault of a person aged 60 or over where bodily harm is caused
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Life imprisonment — in rare cases where serious assault is committed with intent to resist lawful arrest and the offender uses a weapon and causes GBH (via cross‑application of other Code provisions)
Courts routinely impose actual imprisonment for serious assaults on police, particularly where spitting, biting, or bodily fluids are involved.
Common Defences
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Self‑defence
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Defence of another
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Accident
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Lack of intent
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Mistaken identity
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Unlawfulness of the arrest (in limited circumstances)
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Mental health defences (depending on circumstances)
Other Assault Offences in the Queensland Criminal Code
Queensland’s Criminal Code contains a number of specialised assault offences designed to protect vulnerable people, frontline workers, and the community. These offences vary significantly in seriousness, context, and maximum penalties.
Assaults in Interference With Freedom of Trade or Work (s 346)
This offence applies where a person assaults another to prevent them from working, carrying on a lawful business, or exercising a lawful trade.
Maximum penalty: 2 years imprisonment
This is an older industrial‑relations‑style offence that still appears in the Code.
Assaults at Elections (s 347)
This offence applies where a person assaults another to influence their vote, prevent them from voting, or interfere with the conduct of an election.
Maximum penalty: 2 years imprisonment
Assaults on Persons Protecting Wreck (s 443)
A niche offence applying where a person assaults someone who is protecting shipwreck property.
Maximum penalty: 2 years imprisonment
Assaults on Aircraft Crew (s 408A)
This offence applies where a person assaults a crew member on an aircraft, or interferes with their duties.
Maximum penalty:
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7 years imprisonment
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14 years if the assault endangers the safety of the aircraft or persons on board
This is a modern offence reflecting aviation‑safety concerns.
Assault With Intent to Commit a Crime (s 317, s 318)
These are extremely serious offences involving assault with intent to commit another indictable offence, such as:
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Rape
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Robbery
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Unlawful wounding
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Murder or GBH
Maximum penalties: Life imprisonment (depending on the intended offence)
These sections overlap with “acts intended to cause grievous bodily harm” and “attempts to murder.”
Assaults Involving Choking, Strangulation or Suffocation (s 315A)
Although not labelled “assault,” this is a violence offence frequently charged in domestic‑violence contexts.
Maximum penalty: 7 years imprisonment
This offence is treated extremely seriously by Queensland courts.
Assaults on Pregnant Women (s 313(2))
This offence applies where a person assaults a pregnant woman and causes injury to the unborn child.
Maximum penalty: Life imprisonment (depending on the outcome)
Assaults Connected to Robbery (s 409, s 411)
Robbery inherently involves assault or violence.
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Robbery (s 409)
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Armed robbery / robbery in company (s 411)
Maximum penalties:
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14 years imprisonment
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Life imprisonment (if armed, in company, or wounding occurs)
Assaults Connected to Sexual Offences
Many sexual offences involve an element of assault, including:
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Rape (s 349)
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Sexual assault (s 352)
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Assault with intent to commit rape (s 348A)
Maximum penalties: 14 years to life imprisonment
Assaults Connected to Kidnapping or Deprivation of Liberty (s 355, s 359)
These offences often involve threats or force.
Maximum penalties: 3 years to life imprisonment depending on circumstances
Police Interviews, Charges & Your Rights
Assault allegations often arise from:
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Domestic disputes
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Nightclub or pub incidents
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Neighbourhood conflicts
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Road‑rage situations
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Workplace altercations
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Sporting or schoolyard incidents
Police may invite you to “give your side of the story.” In most cases, this is not in your best interests. Anything you say can be used as evidence.
You have the right to:
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Silence
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Legal advice before speaking to police
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Representation in court
Sentencing for Assault Offences in Queensland
Courts consider factors such as:
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The seriousness of the conduct
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The level of injury
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Whether weapons were used
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Whether the offence occurred in a domestic violence context
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Criminal history
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Personal circumstances
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Remorse, cooperation, and early pleas
Outcomes can include:
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No conviction recorded
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Fines
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Probation
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Community service
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Suspended sentences
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Intensive corrections orders
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Actual imprisonment
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