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.
QLD Serious Assault for Spitting - 1st Criminal Law Offence
- Thread starter lemtai
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- assault criminal record
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.
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.
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:
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.
- 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.
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