Criminal Code Act 1899 - Queensland Legislation

Schedule 1 The Criminal CodePart 5 Offences against the person and relating to marriage and parental rights and dutiesChapter 26 Assaults and violence to the person generally—justification and excuse[s 245]Part 5Chapter 26Offences against the personand relating to marriage andparental rights and dutiesAssaults and violence to theperson generally—justificationand excuse245 Definition of assault(1) A person who strikes, touches, or moves, or otherwise appliesforce of any kind to, the person of another, either directly orindirectly, without the other person’s consent, or with theother person’s consent if the consent is obtained by fraud, orwho by any bodily act or gesture attempts or threatens toapply force of any kind to the person of another without theother person’s consent, under such circumstances that theperson making the attempt or threat has actually or apparentlya present ability to effect the person’s purpose, is said toassault that other person, and the act is called an assault.(2) In this section—applies force includes the case of applying heat, light,electrical force, gas, odour, or any other substance or thingwhatever if applied in such a degree as to cause injury orpersonal discomfort.246 Assaults unlawful(1) An assault is unlawful and constitutes an offence unless it isauthorised or justified or excused by law.(2) The application of force by one person to the person ofanother may be unlawful, although it is done with the consentof that other person.Current as at 1 December 2014 Page 167