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QLD Serious Assault for Spitting - 1st Criminal Law Offence

Discussion in 'Criminal Law Forum' started by lemtai, 7 March 2015.

  1. lemtai

    lemtai Member

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    Long story but ends with me being charged with serious assault for spitting on someone I was in confrontation with...I am 30 have never been arrested. What is the likely outcome going to be? Am I going to have this on my criminal record forever? I do have a argument that the other person would not leave me alone and waited somewhere to confront me....am I able to use diversion? I am really worried about this.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Lemtai,

    Essentially, you have assaulted someone. But given who that person was (e.g. police officer, someone over 60 years, disabled person), the assault becomes serious.

    See Criminal Code (QLD) s 340 for the offence of serious assaults. The maximum penalty is 7 years imprisonment, but this is reserved for the upper spectrum of serious assaults. Merely spitting would not yield such a high sentence, especially considering the circumstances it was made under.

    A court diversion program is an alternative resolution for summary offences. In QLD, it appears diversion is only reserved for minor drug offences. I am not too familiar with QLD law but from my research, it appears that QLD does not have something akin to diversion for non-drug offences. In any event, the police, accused and the Magistrates' Court will need to approve the diversion program.
     
  3. lemtai

    lemtai Member

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    Person was a bouncer...in all seriousness this is my 1st offence wat do u think will likely happen...will I have this conviction on my recordp
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Lemtai,

    If you assaulted a bouncer (or security guard), they would constitute "public officer" given that they are a "member, officer or employee for a public purpose established under an Act (being the Securities Providers Acts QLD)". This would make it an offence to spit on a bouncer (or security guard) under section 340(2AA)(a).

    It is difficult to know what penalty you'd likely get as it really depends on the circumstances of the incident. Mitigation factors could be:
    • Prior aggregation/provocation by the bouncer;
    • Nature of this provocation;
    • Attempts by you to walk away or ignore bouncer's provocation;
    • Clean criminal record;
    • Showing of remorse;
    • Apologising to the bouncer and recognising you were wrong; and
    • Especially, understanding why assaulting a public officer is considered serious.
    The court/police will also consider:
    • Likelihood you are to re-offend;
    • Any sentence that will reflect the gravity of the offence but also allow you to rehabilitate or not affect your career/family/education opportunities.
    Penalties are regulated by the Penalties and Sentences Act 1992 (Qld). It outlines guiding factors the court takes into account when sentencing someone, the aims of penalty/sentencing and guiding examples. Might be worth taking a look in relation to your specific situation.
     

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