Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 340

340 Serious assaults

(1) Any person who—

(a) assaults another with intent to commit a crime, or with intent to resist or prevent the lawful arrest or detention of himself or herself or of any other person; or

(b) assaults, resists, or wilfully obstructs, a police officer while acting in the execution of the officer’s duty, or any person acting in aid of a police officer while so acting; or

(c) unlawfully assaults any person while the person is performing a duty imposed on the person by law; or

(d) assaults any person because the person has performed a duty imposed on the person by law; or

(f) assaults any person in pursuance of any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such person or persons; or

(g) unlawfully assaults any person who is 60 years or more; or

(h) unlawfully assaults any person who relies on a guide, hearing or assistance dog, wheelchair or other remedial device;

is guilty of a crime.

Penalty—

Maximum penalty—

(a) for subsection (1) (b) , if the offender assaults a police officer in any of the following circumstances—

(i) the offender bites or spits on the police officer or throws at, or in any way applies to, the police officer a bodily fluid or faeces;

(ii) the offender causes bodily harm to the police officer;

(iii) the offender is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or

(b) otherwise—7 years imprisonment.

Example—

walking frame, caliper, walking stick and artificial limb

(1C) The Penalties and Sentences Act 1992 , sections 108B and 161Q also state a circumstance of aggravation for an offence against subsection (1) (b) .

(1D) An indictment charging an offence against subsection (1) (b) with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of a Crown Law Officer.

(2) A prisoner who unlawfully assaults a working corrective services officer commits a crime.

Penalty—

Maximum penalty—

(a) if the prisoner assaults a working corrective services officer in any of the following circumstances—

(i) the prisoner bites or spits on the corrective services officer or throws at, or in any way applies to, the corrective services officer a bodily fluid or faeces;

(ii) the prisoner causes bodily harm to the corrective services officer;

(iii) the prisoner is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or

(b) otherwise—7 years imprisonment.

(2AA) A person who—

(a) unlawfully assaults, or resists or wilfully obstructs, a public officer while the officer is performing a function of the officer’s office; or

Example—

A person unlawfully assaults an authorised officer under the Child Protection Act 1999 while the officer is investigating an allegation of harm to a child under that Act.

(b) assaults a public officer because the officer has performed a function of the officer’s office;

commits a crime.

Penalty—

Maximum penalty—

(a) if the offender assaults a public officer in any of the following circumstances—

(i) the offender bites or spits on the public officer or throws at, or in any way applies to, the public officer a bodily fluid or faeces;

(ii) the offender causes bodily harm to the public officer;

(iii) the offender is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or

(b) otherwise—7 years imprisonment.

(2B) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against subsection (2AA) .

(3) In this section—

"corrective services facility" see the Corrective Services Act 2006 , schedule 4 .

"corrective services officer" see the Corrective Services Act 2006 , schedule 4 .

"office" includes appointment and employment.

"prisoner" see the Corrective Services Act 2006 , schedule 4 .

"public officer" includes—

(a) a member, officer or employee of a service established for a public purpose under an Act; and

Example—

Queensland Ambulance Service established under the Ambulance Service Act 1991

(b) a health service employee under the Hospital and Health Boards Act 2011 ; and

Example—

a person appointed as a health service employee to perform functions as a security officer, wardsperson, cleaner or food service worker

(c) an authorised officer under the Child Protection Act 1999 ; and

(d) a transit officer under the Transport Operations (Passenger Transport) Act 1994 .

"working corrective services officer" means a corrective services officer present at a corrective services facility in his or her capacity as a corrective services officer.