Assault Occasioning Bodily Harm

What is an “assault”

Under the Criminal Code (QLD) any physical contact that occurs with the recipients consent is taken to be an assault on that person.

In some cases an assault does not even need to involve physical contact.

Section 339 of the Criminal Code (QLD)

This offence is more serious than a “common assault” because of the “bodily harm” that the victim has suffered as a result of the incident.

There are a number of possible defences that can be raised by charged with assault occasioning bodily harm. Some of these include;

  • Self defence
  • Duress
  • Intoxication

Successfully raising this defence is complex and requires you to satisfy the court of a number of complex issues.

If you believe there may be a defence, such as provocation, available to you it is always advisable to speak with a solicitor about your chances of success and strategies in raising these argument.