The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

If the justices are of opinion that the assault was so trifling as
not to deserve any punishment, they may convict the defendant, and
discharge him without inflicting any punishment.
This section does not authorise justices to deal summarily with a
charge of assault on which a question arises as to the title to land, or
an estate in land, or to any interest in or accruing froin land, or as to
any insolvency, or as to the execution of the process of any court of
justice.
As amended by Act of 1943, 7 Geo. 6 No. 14, s. 11; Act of 1961, 10 Eliz.
2 No. 11, s. 9; Act of 1975, No. 27, s. 41 Sch.
SA. Assaults ~~~~~~~~~ bo ham. Any person who unlawfully
assaults another and thereby does him bodily harm is liable on summary
conviction to a fine of one thousand dollars inclusive of costs and in
default of payment thereof to imprisonment with hard labour for two
years, or to imprisonment with hard labour for two years in the first
instance.
This section does not authorize justices to deal summarily with a
charge of assault occasioning bodily harm on which a question arises as
to tho title to land, or an estate: in land, or to any interest in or accruing
from land, or as to any insolvency, or as to the execution of the process
of any court of justice.
This section shall be read as subject to the provisions of section 342.
A person charged before justices with an offence defined in this
section may be convicted of an offence defined in section 343, if that
offence is established by the evidence.
Inserted by Act of 1975, No. 27, s. 8; as amended )by Act of 1976, !No. 25,
3s. 4, 19 Sch.
haS. If the justices are of opinion that the assault
is of such an aggravated nature that the offender cannot be sufficiently
punished under the provisions of section 343 or 343% the offender
is liable on summary conviction to a fine of one thousand dollars, inclusive
of costs, and in default of payment to imprisonment for twelve months
unless the fine and costs are sooner paid, or to imprisonment with hard
labour for twelve months in the first instance.
The justices may also, if they think fit, require the offender to enter
into a recognizance to keep the peace and be of good behaviour for any
term not exceeding six months from the expiration of the sentence.
Without prejudice to the generality of the foregoing provisions of
this section, the following shall be circumstances of aggravation :-
(a) That the unlawful assault is an offence of a sexual nature
as defined by section 2~ of The Criminal Law Amendment
Act of 1945;
(b) That the person assaulted is a child under the age of
seventeen years;
(c) That the person assaulted is a female;
(d) That the person assaulted is a male child under the: age of
fourteen years.
An offender shall not be punished as for an assault of an aggravated
nature within the meaning of this section unless he has been charged
therewith and the circumstance or circumstances of such aggravation
have been stated in such charge.