COMMON ASSAULT CHARGES IN CAIRNS
We represent clients across Cairns, Far North Queensland, Greater Queensland, and Victoria, with remote consultations available Australia‑wide.

In Queensland, common assault is set out under section 335 of the Criminal Code Act 1899 (Qld). It is the least serious assault offence and does not require proof of injury — even actions like pushing, grabbing, or threatening someone with immediate force can amount to common assault. A conviction can still lead to a criminal record.

In Queensland, the maximum penalty for common assault under section 335 of the Criminal Code Act 1899 (Qld) is 3 years imprisonment. However, under section 52B, if the offence is motivated by hatred or serious contempt for a person or group based on race, religion, sexuality, sex characteristics, or gender identity, the maximum penalty increases to 4 years imprisonment.

Courts take into account the seriousness of the conduct, the circumstances of the offence, and the person’s history. While imprisonment is possible, outcomes can also include fines, probation, or community service. 

A conviction, however, will usually result in a criminal record, which can affect employment, travel, and future opportunities.

To secure a conviction for common assault under section 335 of the Criminal Code Act 1899 (Qld), police must prove beyond reasonable doubt that:

- The accused struck, touched, moved, or applied force to another person, either directly or indirectly; or

- The accused threatened or attempted to apply force in a way that caused the other person to fear immediate violence;

- The act was intentional (not accidental); and

- The assault was unlawful — meaning it was not authorised, justified, or excused by law (for example, self‑defence).

If the police cannot prove each of these elements, the charge of common assault should not succeed.

In Queensland, a person charged with common assault may raise legal defences under the Criminal Code Act 1899 (Qld). Common examples include:

- Self‑defence – where reasonable force was used to protect yourself or another.

- Consent – if the other person agreed to the contact (for example, in sport).

- Accident or lack of intent – if the act was unintentional or without the required intent.

- Lawful authority – such as reasonable force used by police in the course of duty.

These defences can be complex and depend on the circumstances of your case, which is why obtaining legal advice is essential.

A conviction for common assault in Queensland can have serious and lasting effects beyond the immediate penalty. 

Consequences may include:

- A criminal record, which can impact employment, professional licences, and travel (including visa applications).

- Restrictions on certain career opportunities, particularly in government, education, and security roles.

- Potential difficulties with international travel, as some countries refuse entry to people with assault convictions.

Even if no jail time is imposed, the fact of a conviction can affect your future opportunities and reputation.

When you’re facing a common assault charge, the situation can feel overwhelming - especially if the incident was minor, or there was no injury at all. 

At Coral Coast Law, we step in early to protect your rights and make sure you’re treated fairly throughout the process. We take the time to understand what happened, review the evidence carefully, and identify any weaknesses in the case against you. From negotiating with prosecutors to representing you in court, our focus is always on achieving the best possible outcome and reducing the impact this charge could have on your future.