What is assault? 

A person can be charged with assault in Queensland if they apply force to another without their consent or threaten to apply force to another person. The person charged must appear to have the ability to carry out the threat. 

 Therefore, you can be charged with assaulting a person even if you did not actually touch them, but you did move/act towards them in a way that would make them feel afraid of violence. 

 The more harm you cause a person when you assault them, the more serious the charge against you can be. For example, 

• If you hit a person and they do not suffer injury you may be charged with ‘common assault’.   
• If you hit a person and cause an injury, you may be charged with assault causing bodily harm.     
• If you hit a person and they bleed, you may be charged with ‘wounding’.   
• If you hit a person and you cause an injury that will not heal without medical help you can be charged with ‘grievous bodily harm’. 

If someone hits me first, can I hit back to protect myself? 

Yes, but you will have to be able to show that any force you used was needed to defend yourself or somebody else.  

What is provocation? 

Provocation is another type of justification for your actions if you have been charged with a type of assault. This can sometimes be used to show that, when you committed the assault, you had lost control of your senses and committed an act that is proportionate to the provocation. If the courts accept a defence of provocation in a case of assault then there will be no liability. In a case of murder, the charge will be reduced to manslaughter which has a lesser sentence.  

 There are other types of defences if you are charged with assault, and the agencies under ‘Who can help?’ will assist you with advice about your particular situation. 

What can I do if someone is gate crashing at my house and I want them to leave? 

There is a law in Queensland which allows an owner-occupier of a premises to use ‘reasonable force’ as is necessary to eject someone who is trespassing on the land.  

You can only use as much force as is you reasonably believe is necessary to remove the person from the house - the courts have said that it is usually not necessary to use violence at all against someone who is trespassing, as you may have other options instead of fighting. The best course of action may be to warn the trespasser involved and to call the police to evict them lawfully.   

Can I be charged if I agree to a fight?  

Yes, you can.  It is illegal to be in a fight in public.  In some circumstances even if you agree to be in a fight, you may be charged if you injure somebody.  This can include fights at school and fights at sporting activities. 

What is bullying and can I get in trouble for it? 

Bullying describes many different types of behaviour that is repeated to cause harm.  Many of these actions may be illegal, including;  

• if someone is threatened with assault 
• if someone uses a phone or other electronic device to harass or menace
• if someone stalks another person (see below) 

What is ‘unlawful stalking’? 

‘Unlawful stalking’ happens when someone does any of the following things either over a long period of time, or on more than one occasion to another person:   

• follows, loiters, watches or approaches someone or a place that the person goes to regularly 
• contacts the person in any way (including using technology such as mobile phones or email, Facebook or Instagram) 
• leaves or gives a person offensive material  
• commits intimidating, harassing, or threatening acts against a person or their property (including threats of violence). 

AND this behaviour causes the person fear and/or harm.