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 30 Assaults[s 340](2) A prisoner who unlawfully assaults a working correctiveservices officer is guilty of a crime, and is liable toimprisonment for 7 years.(2AA) A person who—(a) unlawfully assaults, or resists or wilfully obstructs, apublic officer while the officer is performing a functionof the officer’s office; orExample—A person unlawfully assaults an authorised officer under theChild Protection Act 1999 while the officer is investigating anallegation of harm to a child under that Act.(b) assaults a public officer because the officer hasperformed a function of the officer’s office;commits a crime.Maximum penalty—(a) if the offender assaults a public officer in any of thefollowing circumstances—(i) the offender bites or spits on the public officer orthrows at, or in any way applies to, the publicofficer a bodily fluid or faeces;(ii) the offender causes bodily harm to the publicofficer;(iii) the offender is, or pretends to be, armed with adangerous or offensive weapon or instrument—14years imprisonment; or(b) otherwise—7 years imprisonment.(2B) The Penalties and Sentences Act 1992, section 108B alsostates a circumstance of aggravation for an offence againstsubsection (2AA).(3) In this section—corrective services facility see the Corrective Services Act2006, schedule 4.Page 212 Current as at 1 December 2014