Being charged with Serious Assault in Queensland under s340

What should I do?

A charge of Serious Assault is a major escalation from common assault. You should:

1. Do not talk to the police: If you were arrested for an incident involving a police officer or public official (like a paramedic or bus driver), the prosecution starts with a strong bias toward the officer’s version of events. Anything you say will be scrutinized.
2. Request body-worn camera footage: In most Serious Assault cases involving police, there is video evidence. Your lawyer should request this immediately before it is over-written or lost.
3. Identify if you were lawfully detained: Many serious assaults arise during an arrest. If the arrest itself was unlawful, this may provide a complete defence to the charge.
4. Engage a senior criminal lawyer: Courts take a “deterrence” approach to assaults on public officers. You need an advocate who can humanize your situation and argue for alternatives to prison.

What does it mean?

Under Section 340 of the Criminal Code 1899 (Qld), an assault becomes a “Serious Assault” if it is committed against:

• A police officer acting in the execution of their duty.
• A public officer (paramedics, corrective services officers, etc.).
• A person aged 60 or over.
• A person who relies on a guide, hearing, or assistance dog.¹

Crucially, spitting or biting a public officer is a specific circumstance of aggravation that significantly increases the penalty and triggers mandatory testing for communicable diseases.²

What are the penalties?

Serious Assault is an indictable offence that can be heard in the Magistrates Court, but it carries much heavier penalties than common assault.

• Maximum Penalty: 7 years imprisonment.³
• Aggravated Penalty: 14 years imprisonment (if the assault involves biting, spitting, or the use of bodily fluids against a public officer).⁴

In Queensland, there is a strong sentencing trend toward actual imprisonment for assaults on police and paramedics. Even if you have no prior criminal history, the court may feel compelled to “send a message” of deterrence. However, an experienced lawyer can often argue for suspended sentences or intensive community-based orders by highlighting mitigating circumstances or challenging the “execution of duty” element.

Have you been charged with assaulting an officer? Call Bell & Senior today for urgent representation.