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

Under section 340 of the Criminal Code Act 1899 (Qld), certain assaults are treated more seriously because of who the victim is or the circumstances of the offence. Serious assault includes:

- Assaulting, obstructing, or resisting a police officer or other public officer performing their duty.

- Assaulting a person aged 60 years or older, or someone who relies on a guide dog, wheelchair, or other aid.

- Assaulting a person while they are carrying out a duty imposed by law, such as paramedics or corrective services officers.

- Assaulting someone with intent to commit another crime or to resist arrest.

These situations are considered more serious because they involve protecting vulnerable people and those performing essential public duties.

In Queensland, serious assault carries a maximum penalty of 7 years imprisonment. However, if certain aggravating circumstances apply — such as assaulting a police officer while they are acting in the course of duty, or if the assault involves spitting, biting, or causes bodily harm — the maximum penalty increases to 14 years imprisonment.

A conviction for serious assault will also result in a criminal record, which can affect employment, travel, and future opportunities. Sentencing depends on the circumstances of the offence, the level of violence, and the person’s criminal history.

To secure a conviction for serious assault under section 340 of the Criminal Code Act 1899 (Qld), the prosecution must prove beyond reasonable doubt that:

- You committed an assault (which can include striking, touching, applying force, or even threatening to do so).

- The assault occurred in one of the circumstances listed in section 340, such as:

- Against a police officer or public officer performing their duty.

- Against a person aged 60 years or older, or someone who relies on a guide dog, wheelchair, or other aid.

- Against a person performing a duty imposed by law (e.g. paramedics, corrective services officers).

- With intent to commit another crime, or to resist arrest or detention.

The prosecution must also prove that the officer or person was lawfully performing their duty at the time, and that your actions were intentional or reckless.

If you have been charged with serious assault in Queensland, there may be legal defences available depending on the circumstances. Common defences include:

- Self‑defence – where you acted to protect yourself or another person from harm.

- Defence of another or property – if your actions were to protect someone else or prevent damage.

- Accident – if the outcome was unintended and not reasonably foreseeable.

- Mistaken identity or lack of intent – if the prosecution cannot prove you were the person responsible, or that you acted deliberately.

- Provocation – in limited circumstances, if you were provoked by a wrongful act or insult that caused you to lose self‑control and react suddenly. This defence is applied narrowly by the courts and will not succeed if the response was excessive or disproportionate.

Every case is different, and the availability of a defence will depend on the evidence and the specific facts. Getting legal advice early is essential to understand which defences may apply to your situation.

A conviction for serious assault in Queensland can have life‑changing consequences. In addition to the risk of imprisonment (up to 7 years, or 14 years in aggravated cases), a conviction will result in a criminal record. This can:

- Limit your employment opportunities, especially in industries requiring background checks.

- Restrict your ability to travel overseas, as many countries refuse entry to people with criminal convictions.

- Affect your reputation and standing in the community.

- Impact future legal proceedings, as prior convictions can be taken into account by the courts.

Because of these serious consequences, it’s vital to seek legal advice early to explore your options and protect your future.

At Coral Coast Law, we provide clear, practical advice to clients facing serious assault charges in Queensland. We carefully assess the evidence and develop strong defence strategies to protect your rights. We are committed to achieving the best possible outcome, whether through negotiations with prosecutors or by representing you in court.