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What the Law Says in Queensland
In Queensland, it is a criminal offence to assault or obstruct a police officer in the execution of their duties. This offence is outlined in section 790 of the Police Powers and Responsibilities Act 2000 (Qld). The law is designed to ensure police officers can carry out their functions without interference, resistance, or harm.
What Does “Obstruct” or “Assault” Mean in Law?
The terms obstruct and assault have specific legal meanings:
- Obstruct includes hindering, resisting, or attempting to obstruct a police officer.
- Assault is defined in section 245 of the Criminal Code Act 1899 (Qld). It covers actions where a person unlawfully applies force, directly or indirectly, or threatens to do so in a way that creates a reasonable fear of harm.
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The Difference Between Assault and Obstruction
Although both actions fall under the same offence provision, they are legally and factually distinct:
- Obstruction can occur without any physical contact, such as refusing to comply with lawful directions or blocking a police officer’s path.
- Assault involves the application or threat of physical force, even if no injury occurs.
These differences can significantly impact the seriousness of the charge and the penalty imposed
Are There Any Defences Available?
Yes. The availability of a defence will depend on the facts of the case. Common defences include:
- Self-defence – where reasonable force was used to protect yourself from excessive or unlawful force by police.
- Unlawful police conduct – if the officer was not acting within their lawful authority, a defence may arise.
- Lack of intent or misunderstanding – in some cases, the accused may not have intended to assault or obstruct, particularly where alcohol or confusion is involved.
Legal advice is essential to properly assess your options.
Penalties for Assaulting or Obstructing Police in Queensland
The maximum penalties depend on the circumstances:
- For a basic offence: 40 penalty units or 6 months’ imprisonment.
- If a circumstance of aggravation exists (e.g. the officer is injured or the offence occurs during a public disorder): 60 penalty units or 12 months’ imprisonment.
Courts take these offences seriously, particularly where an officer is injured or impeded while performing critical duties.
Get Us in Your Corner
Being charged with assaulting or obstructing police can have serious legal and personal consequences. If you’ve been accused of an offence under section 790, it’s critical to get tailored legal advice.
Jones + Associates are experienced criminal defence lawyers who can help you understand your rights, prepare your defence, and represent you in court.
Contact us today for a confidential consultation.
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