The law provides that for certain offences committed where a person is intoxicated, when setting a penalty the court must impose some period of community service as part of that order. The changes were made with the Safe Night Out Legislation Amendment Bill in 2014. It provides that where a person is charged with an offence such as obstructing or assaulting police, or common assault where a person is intoxicated and in a public place then the court must make an order for community service ordering the offender perform unpaid community service unless they're convinced the person suffers from physical, intellectual or psychiatric disability. The maximum amount of community service that can be imposed is 240 hours, while the minimum amount that must be imposed is 40 hours.
A community service order requires that the Department of Corrective Services arrange with a person to conduct the community service work within a set period, generally 12 months. This type of work is tailored as much as possible to the person doing the community service work, and the area in which they reside. The other requirements of the community service order include the person must not commit another offence during the period of the order, must generally report to an authorised Corrective Services officer within one to two business days of the order being made and must perform in a satisfactory way the community service order as directed by an authorised Corrective Services officer.
The other requirements are that the person must comply with every reasonable direction of an authorised Corrective Services officer, must not leave or stay out of the state without the permission of that Corrective Services officer, and they must notify of any change in their place of residence or employment within two business days.
Where a person is facing the possibility of a community service order and does suffer from any medical problem that might prevent them from doing that order, it's important that those medical documents are brought before the court before they sentence that person.
The types of offences that are now included within the mandatory community service order include;
· grievous bodily harm
· common assault
· assault occasioning bodily harm
· serious assault
· assault or obstruction of police.
As noted above the mandatory periods of community service only applies where the offence has taken place in a public place, and while the person as adversely affected by an intoxicating substance. That intoxicating substance could be alcohol or a drug.
If you need any additional information you can contact clarity law on 1300 952 255 or visit our website at www.claritylaw.com.au. We appear in all South East Queensland courts assisting people charged with criminal offences, if you need a criminal lawyer please give us a call to discuss your charges.
This article provides general information and does not constitute legal advice. The law may have changed since this article was written. Always obtain legal advice when you are charged with a criminal offence.
Assault is defined as forceful contact or threatening forceful contact with a person. Depending on the severity of circumstances and injuries will determine the degree of assault you are charged with.
The different types of assault charges in Queensland are as follows, in order of most minor to most severe:
A Common assault is the lowest of the possible assault charges and can come about from anything as minor as a bodily gesture, poking, nudging or touching someone, and even just threatening to do such acts.
Assault occasioning bodily harm
An assault occasioning bodily harm charge occurs when the victim suffers injuries interfering with their health or comfort. Penalties for this charge are increased if there is a statement that the Defendant had a weapon or is in the company of another person.
Assault causing Grievous Bodily Harm
An assault causing grievous bodily harm charge occurs when a person is left permanently injured, scarred or impaired as a result of the assault.
Serious assault (any charge of assaulting a Police officer will automatically come under this charge also)
Serious assault charges occur when the assault is on a person over the age of 60 or is handicapped or dependant on a remedial device. If an assault is on a Police officer is serious it will automatically be placed under this degree of assault. If biting, spitting or any bodily fluid is involved the penalty can be doubled, resulting in a possible maximum penalty of 14 years imprisonment.
A Sexual assault charge is a result of any unwanted or forced sexual advancement or behaviour towards a person.
When you are charged with any form of assault charge it is extremely important to seek legal representation immediately. Assault charges more than ever are treated very seriously by the courts and can easily result in jail time.
Here at Clarity Law we represent clients in all degrees of assault charges in Courts across South East Queensland every day, it is this experience, and our expertise that allows us to get the absolute best result for clients. We also offer the most competitive prices in Queensland that are all fixed fee so there are no nasty surprises when you receive your invoice. If you want to engage us or just need further information or advice then you can either;
For more information visit our webpage or call 1300 952 255 7am – 7pm seven days a week
Disclaimer – this article contains general advice only and is not intended to be a substitute for legal advice. Its represents information about the law in Queensland and since publishing the law or the interpretation of that law may have changed.