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QLD AssaultCharge but No Memory and Intoxicated Witnesses

Discussion in 'Criminal Law Forum' started by Justice, 11 March 2015.

  1. Justice

    Justice Member

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    I have been charged with assault. I remember nothing of this - I was drunk. The person presented at the ED hospital for treatment of a non -serious injury and was at work the next day. The hospital staff notified the police. The victim was very drunk and the two witnesses were also very drunk. (This can be verified) I told the police the truth and that is I don't remember the later part of the night (when the alleged assault occurreed) at all. I like the person I allegedly assaulted - he is a work colleague. Should I plead guilty?
     
  2. Sophea

    Sophea Well-Known Member

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    Hi, no you shouldn't. Ideally, you should speak to a criminal lawyer.

    S245(1) of the Criminal Code Act 1899 (Qld), defines assault as follows ‘[a] person who strikes, touches, or moves, or otherwise applies force of any kind to, the person of another, either directly or indirectly, without the other person’s consent, or with the other person’s consent if the consent is obtained by fraud, or who by any bodily act or gesture attempts or threatens to apply force of any kind to the person of another without the other person’s consent, under such circumstances that the person making the attempt or threat has actually or apparently a present ability to effect the person’s purpose, is said to assault that other person, and the act is called an assault’.

    s355 of the Code makes unlawfully assaulting another a "misdemeanour" which carries a max sentence of 3 years imprisonment.

    Assault occasioning bodily harm is a little more serious and carries a higher max sentence.

    The Qld Criminal Code does provide a defence for intoxication but does not apply to you if you intentionally caused yourself to become intoxicated.
     
  3. Sophea

    Sophea Well-Known Member

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    Also, if you are on good terms with the victim, is it possible you could ask them to not press charges? Perhaps you could offer to pay for his medical bills?
     

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