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. 

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 occasioning 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.

Can I be charged if I agree to a fight?  

Yes, you can.  It is illegal to be in a fight in public.  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 period of time, or on more than one occasion to another person: 

• follows, loiters or watches 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) 

• 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.