Being charged with Common Assault in Queensland under s335

What should I do?

If you have been charged with common assault, the most important steps are:

1. Exercise your right to silence: Do not provide a statement or participate in a record of interview with police without your lawyer present.
2. Seek legal advice immediately: Common assault covers a broad range of behaviors, and there are several technical defences available.
3. Preserve evidence: Note down the names of any witnesses and save any digital evidence (messages, CCTV, or social media posts) related to the incident.
4. Confirm your court date: Check your Notice to Appear or Bail Act documents to ensure you know when and where you must appear in the Magistrates Court.

What does it mean?

Under Section 335 of the Criminal Code 1899 (Qld), “common assault” is the unlawful strike, touch, or move of another person, or a threat to do so by any bodily act or gesture, where the person making the threat has the apparent ability to carry it out.¹

Crucially, no injury is required for a charge of common assault. An “unlawful” touch can be as minor as a push or a grab.

Common defences include:

• Self-defence: Using reasonable force to protect yourself or another.²
• Provocation: In certain circumstances, reacting to an act or insult.³
• Consent: If the touch was part of a sport or activity where consent is implied.
• Accident: The touch was unintended and not negligent.

What are the penalties?

Common assault is typically heard in the Magistrates Court. The maximum penalty is 3 years imprisonment.⁴

However, for a first-time offender with good representation, the Court may consider:

• Fines
• Community Service Orders
• Probation
• Good Behaviour Bonds
• No Conviction Recorded: An experienced lawyer can argue for work or travel reasons that no conviction should be formally recorded on your criminal history.⁵

If the assault is committed with a “circumstance of aggravation” (such as being in a public place while intoxicated), the penalties can increase significantly.

Facing an assault charge? Contact Bell & Senior today for an experienced criminal defence.