Our experienced criminal law solicitors have prepared a brief overview of the law relating to malicious acts.
If you or someone you care about is facing a charge of malicious act, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
It may be the case where this offence has been referred to as something else. It is also known as ‘intending to cause grievous bodily harm.’ If you are unsure, please contact our office for clarification and Gold Coast’s leading advice.
Malicious Acts – The Law
Section 317 of the Criminal Code of Queensland creates the offence of malicious acts. The section provides:
Any person who, with intent—
(a) to maim, disfigure or disable, any person; or
(b) to do some grievous bodily harm or transmit a serious disease to any person; or
(c) to resist or prevent the lawful arrest or detention of any person; or
(d) to resist or prevent a public officer from acting in accordance with lawful authority—either—
(e) in any way unlawfully wounds, does grievous bodily harm, or transmits a serious disease to, any person; or
(f) unlawfully strikes, or attempts in any way to strike, any person with any kind of projectile or anything else capable of achieving the intention; or
(g) unlawfully causes any explosive substance to explode; or
(h) sends or delivers any explosive substance or other dangerous or noxious thing to any person; or
(i) causes any such substance or thing to be taken or received by any person; or
(j) puts any corrosive fluid or any destructive or explosive substance in any place; or
(k) unlawfully casts or throws any such fluid or substance at or upon any person, or otherwise applies any such fluid or substance to the person of any person;
is guilty of a crime.
Elements of the offence
To be found guilty of the offence of malicious acts, the prosecution is required to prove, beyond a reasonable doubt, a range of elements. As the full offence is ‘acts intended to cause grievous bodily harm and other malicious acts,’ it includes different circumstances where the offence is made out. If you, or someone you know, have been charged with the offence, seek legal advice for clarification.
The maximum penalty for the an allegation of malicious acts is life imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of malicious acts is an indictable offence.
The charge will initially be commenced in the Magistrates Court, and will ultimately proceed on Indictment and be finalised in the Supreme Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of malicious acts. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.