Assault Offence Lawyers

Assault Charges

In the jurisdictions of Queensland and New South Wales, a conviction for the offence of assault may result in the imposition of a term of imprisonment, irrespective of whether the accused is a first-time offender or whether the assault resulted in physical injury.

Section 9(2A) of the Penalties and Sentences Act in Queensland states that imprisonment is not considered a last resort for violent offences or actions that cause physical harm. In New South Wales, Section 5 of the Crimes Sentencing Procedure Act, commonly known as the “section 5 threshold” states that a court must not sentence a person to imprisonment unless, having considered all other options, no penalty other than imprisonment is appropriate. Essentially, imprisonment is on the forefront of the Court’s mind for an assault offence.

A successful prosecution may give rise to civil proceedings, wherein the complainant may seek significant monetary compensation by way of a personal injury claim.

Given the potential legal consequences—both criminal and civil—it is imperative that any charge of assault is treated with due diligence and care.

East Coast Criminal Lawyers defends the following offences:

• Common assault;
• Assaults occasioning bodily harm; and
• Serious assaults.

Self Defence

With certain limitations, self-defence allows a person to use force that is reasonably necessary to defend themselves from an assault. The law attempts to balance the interests of the attacker and the person who responds reasonably.

In Queensland, there are a number of forms of self-defence when a person is assaulted such as self defence against an unprovoked assault; self defence against a provoked assault; and defence of another person.

Recently the High Court of Australia in Dayney v The King [2024] HCA 22 clarified the position of self-defence in Queensland. The Court made clear an accused who creates conflict through a provocative act, and then responds with force that causes death or grievous bodily harm, cannot plead self-defence without demonstrating that, so far as was practicable, they first attempted to de-escalate and undo their part in the conflict before resorting to such force.

Self-defence is a crucial legal argument that criminal lawyers must thoroughly understand in order to effectively present it before a judicial officer. As the law continues to evolve, staying updated is essential. In Queensland, self-defence can serve as a complete defence to an alleged murder offence. Although subject to certain limitations, it permits an individual to use force that is reasonably necessary to protect themselves.

Provocation

The Queensland Law Reform Commission (QLRC) is presently undertaking a review of various defences available under Queensland’s criminal law. Among these is the defence of provocation, including consideration of whether it should be amended or abolished. The review remains in its preliminary stages, with the Commission’s final report and recommendations anticipated in December 2025.

Presently, a defendant may not be held criminally liable for an assault if the act was provoked by the complainant. When the defence of provocation is raised, the burden rests with the prosecution to establish, beyond reasonable doubt, that the defendant was not provoked into committing the assault.

The question of whether the defence has been properly raised based on the evidence is a matter of law to be determined by the trial magistrate or judge. This determination must be made with regard to the version of the evidence most favourable to the defendant.

If the defence of provocation is raised, it will be negatived if the prosecution proves any one of the following:

• There was no provocation.
• The provocation did not actually deprive the defendant of their power of self-control.
• The defendant did not act on the sudden, before there was time for their passion to cool.
• The force used by the defendant was out of proportion to the provocation, or was intended, or likely, to cause death or grievous bodily harm.

These are a few examples of defences that may be available to you, if you are charged with assault.

If you need assistance with an assault charge, or wish to discuss a possible defence that may be available to you, contact us now on 0420202060 or joshua@eastcoastcriminallawyers.com.au for a free initial consultation and take advantage of our flexible payment plans.