Crime
Case note: a negotiated sentence on an assault charge
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The charge
Assault occasioning bodily harm, under section 339 of the Criminal Code (Qld). The maximum penalty is seven years imprisonment, and more where the offence is committed while armed or in company.
The alleged offence arose from an altercation in a public place.
What was done
Instructions were to plead guilty. Before sentence, CCTV footage of the incident was requested and reviewed. The footage assisted, and written submissions were prepared around it.
That material supported a case conference with police prosecutions. Two practical issues were raised in submissions: the client held two jobs, so a community service order would have been very difficult to complete, and a recorded conviction would have affected one of those positions.
The result
The court imposed a fine totalling $1,500, which included $500 restitution to the complainant. No community service was ordered and no conviction was recorded.
Sentencing outcomes in Queensland depend on the facts of the individual offence, the criminal history of the person before the court, and the sentencing principles in the Penalties and Sentences Act 1992 (Qld). Every matter turns on its own facts, and nothing here should be read as an indication of what any other court would do.
Last reviewed 3 August 2026 by the TWC Lawyers team. Queensland penalty units and court fees are indexed on 1 July each year. Check current figures before you rely on them, or ask us.