QUEENSLAND CRIMINAL OFFENCE GUIDE
Queensland Criminal Law (FAQs)
If you’ve been charged, received a Notice to Appear, or you’re trying to understand what happens next, this page gives you clear, plain-English explanations of the Queensland criminal court system and the questions people search most. It covers the different courts (Magistrates, District, Supreme and the Childrens Court), how matters move through the system (including mentions, bail and committals), and what common outcomes can look like (guilty pleas, hearings/trials, sentencing and appeals).
You’ll also find quick answers on practical topics like bail and conditions, police powers and your rights, driving and traffic offences, domestic violence orders and breaches, youth justice, criminal records/spent convictions, and sentencing options—all written to help everyday people understand the process before they dive into the detailed answers. 1. Assault (Common Assault / Actual Bodily Harm / Grievous Bodily Harm)What the law says:• Common assault: intentionally or recklessly causing someone to fear or suffer minor physical contact or injury.• Actual bodily harm (ABH): injury more than minor.• Grievous bodily harm (GBH): serious injury, often with a weapon.Maximum penalties:• Common assault: 3 years imprisonment• ABH: 7 years imprisonment• GBH: 14–20 years (depending on circumstances)How police prove it:• Victim testimony• Witnesses or CCTV• Medical reportsCommon defences:• Self-defence• Consent (sports or certain contexts)• Mistaken identityLikely outcomes:• Minor assaults: fines, probation, community service, no conviction recorded• Serious assaults: jail likely 2. Sexual Offences (Assault, Abuse, Exploitation)What the law says:• Includes sexual assault, indecent treatment, exploitation of minors.• Consent is central.Maximum penalties:• Sexual assault: 14 years imprisonment• Aggravated sexual assault: life imprisonment possibleHow police prove it:• Victim testimony• Forensic evidence• Witnesses or CCTVCommon defences:• Consent• Mistaken identityLikely outcomes:• Jail is common; probation rarely used for adults 3. Burglary / Break and EnterWhat the law says:• Entering property without permission intending to steal, assault, or commit another offenceMaximum penalties:• Residential burglary: up to 14 years• Non-residential: up to 7 yearsEvidence:• CCTV, fingerprints, DNA, stolen property, eyewitnessesDefences:• Mistaken entry• Consent• Lack of intentLikely outcomes:• First-time minor offences may get probation or fines• Serious residential burglary: jail likely 4. Fraud / Theft / White-Collar CrimeWhat the law says:• Fraud: dishonestly obtaining property or benefit• Theft: taking property without consentMaximum penalties:• Theft: up to 7 years depending on value• Fraud: up to 10 yearsEvidence:• Bank statements, contracts, CCTV, witness testimonyDefences:• Lack of dishonesty• Mistake• ConsentLikely outcomes:• Minor fraud: fines or probation• Large-scale fraud: jail likely 5. Drug Offences (Possession, Supply, Trafficking)Possession:• Illegal drugs in your control• Max penalties: minor possession (1–3 years), major drugs (7–14 years)Supply:• Giving or selling drugs• Max penalties: 25 years+ for traffickingTrafficking:• Large-scale supply networks• Max penalties: life imprisonmentDefences:• Lack of knowledge• Prescription exemptions• Entrapment (rare)Likely outcomes:• First-time possession: diversion programs or probation• Supply/trafficking: jail likely 6. Domestic Violence / DVO BreachesWhat the law says:• Breaching a Domestic Violence Order (DVO) is criminal• Includes physical, verbal, stalking, or contact breachesMaximum penalties:• Breaches: 1–3 years imprisonment depending on seriousness• Repeated breaches: higher penaltiesEvidence:• Police reports, witness testimony, communication recordsDefences:• Lack of knowledge of the order• Emergency self-defenceLikely outcomes:• First breach: fines, probation• Repeat or serious breach: jail likely 7. Public Nuisance / Disorderly ConductWhat the law says:• Acting in a way that disturbs public peace, safety, or comfortMaximum penalties:• Up to 6 months to 2 years imprisonment, depending on offenceEvidence:• Police reports, CCTV, witness statementsDefences:• Freedom of expression (limited)• Lack of intentLikely outcomes:• Minor first-time offences: fines, diversion• Repeated or violent conduct: community service or jail 8. Unlicensed Driving / Traffic OffencesWhat the law says:• Driving without a valid licence• Exceeding speed limits, driving recklessly, drink/drug drivingMaximum penalties:• Unlicensed driving: fines, license disqualification• Dangerous/reckless driving: up to 5 years imprisonment• Drink/drug driving: fines, disqualification, jail (high-range)Evidence:• Police observation, breath tests, camerasDefences:• Honest mistake, necessity, vehicle stolenLikely outcomes:• Minor first-time offences: fines or work licence• Dangerous driving: jail possible 9. Weapons OffencesWhat the law says:• Possession, use, or trafficking of firearms or dangerous weaponsMaximum penalties:• Possession without permit: up to 7 years• Using in a crime: 14+ yearsEvidence:• Police seizure, ballistics, CCTVDefences:• Permit, law enforcement work, unawarenessLikely outcomes:• Minor unlicensed possession: fines, probation• Used in crime: jail likely 10. Property Damage / Vandalism / ArsonWhat the law says:• Deliberate damage to property• Arson: causing fire with intent to destroyMaximum penalties:• Minor damage: fines or 3 years• Arson of property: up to 14 yearsEvidence:• Witnesses, CCTV, forensic analysisDefences:• Accidental damage• Consent• NecessityLikely outcomes:• First minor offences: fines, probation• Serious arson: jail likely Note: The information on this page is general in nature and isn’t legal advice. For advice about your specific situation, get legal advice from a lawyer.
You’ll also find quick answers on practical topics like bail and conditions, police powers and your rights, driving and traffic offences, domestic violence orders and breaches, youth justice, criminal records/spent convictions, and sentencing options—all written to help everyday people understand the process before they dive into the detailed answers. 1. Assault (Common Assault / Actual Bodily Harm / Grievous Bodily Harm)What the law says:• Common assault: intentionally or recklessly causing someone to fear or suffer minor physical contact or injury.• Actual bodily harm (ABH): injury more than minor.• Grievous bodily harm (GBH): serious injury, often with a weapon.Maximum penalties:• Common assault: 3 years imprisonment• ABH: 7 years imprisonment• GBH: 14–20 years (depending on circumstances)How police prove it:• Victim testimony• Witnesses or CCTV• Medical reportsCommon defences:• Self-defence• Consent (sports or certain contexts)• Mistaken identityLikely outcomes:• Minor assaults: fines, probation, community service, no conviction recorded• Serious assaults: jail likely 2. Sexual Offences (Assault, Abuse, Exploitation)What the law says:• Includes sexual assault, indecent treatment, exploitation of minors.• Consent is central.Maximum penalties:• Sexual assault: 14 years imprisonment• Aggravated sexual assault: life imprisonment possibleHow police prove it:• Victim testimony• Forensic evidence• Witnesses or CCTVCommon defences:• Consent• Mistaken identityLikely outcomes:• Jail is common; probation rarely used for adults 3. Burglary / Break and EnterWhat the law says:• Entering property without permission intending to steal, assault, or commit another offenceMaximum penalties:• Residential burglary: up to 14 years• Non-residential: up to 7 yearsEvidence:• CCTV, fingerprints, DNA, stolen property, eyewitnessesDefences:• Mistaken entry• Consent• Lack of intentLikely outcomes:• First-time minor offences may get probation or fines• Serious residential burglary: jail likely 4. Fraud / Theft / White-Collar CrimeWhat the law says:• Fraud: dishonestly obtaining property or benefit• Theft: taking property without consentMaximum penalties:• Theft: up to 7 years depending on value• Fraud: up to 10 yearsEvidence:• Bank statements, contracts, CCTV, witness testimonyDefences:• Lack of dishonesty• Mistake• ConsentLikely outcomes:• Minor fraud: fines or probation• Large-scale fraud: jail likely 5. Drug Offences (Possession, Supply, Trafficking)Possession:• Illegal drugs in your control• Max penalties: minor possession (1–3 years), major drugs (7–14 years)Supply:• Giving or selling drugs• Max penalties: 25 years+ for traffickingTrafficking:• Large-scale supply networks• Max penalties: life imprisonmentDefences:• Lack of knowledge• Prescription exemptions• Entrapment (rare)Likely outcomes:• First-time possession: diversion programs or probation• Supply/trafficking: jail likely 6. Domestic Violence / DVO BreachesWhat the law says:• Breaching a Domestic Violence Order (DVO) is criminal• Includes physical, verbal, stalking, or contact breachesMaximum penalties:• Breaches: 1–3 years imprisonment depending on seriousness• Repeated breaches: higher penaltiesEvidence:• Police reports, witness testimony, communication recordsDefences:• Lack of knowledge of the order• Emergency self-defenceLikely outcomes:• First breach: fines, probation• Repeat or serious breach: jail likely 7. Public Nuisance / Disorderly ConductWhat the law says:• Acting in a way that disturbs public peace, safety, or comfortMaximum penalties:• Up to 6 months to 2 years imprisonment, depending on offenceEvidence:• Police reports, CCTV, witness statementsDefences:• Freedom of expression (limited)• Lack of intentLikely outcomes:• Minor first-time offences: fines, diversion• Repeated or violent conduct: community service or jail 8. Unlicensed Driving / Traffic OffencesWhat the law says:• Driving without a valid licence• Exceeding speed limits, driving recklessly, drink/drug drivingMaximum penalties:• Unlicensed driving: fines, license disqualification• Dangerous/reckless driving: up to 5 years imprisonment• Drink/drug driving: fines, disqualification, jail (high-range)Evidence:• Police observation, breath tests, camerasDefences:• Honest mistake, necessity, vehicle stolenLikely outcomes:• Minor first-time offences: fines or work licence• Dangerous driving: jail possible 9. Weapons OffencesWhat the law says:• Possession, use, or trafficking of firearms or dangerous weaponsMaximum penalties:• Possession without permit: up to 7 years• Using in a crime: 14+ yearsEvidence:• Police seizure, ballistics, CCTVDefences:• Permit, law enforcement work, unawarenessLikely outcomes:• Minor unlicensed possession: fines, probation• Used in crime: jail likely 10. Property Damage / Vandalism / ArsonWhat the law says:• Deliberate damage to property• Arson: causing fire with intent to destroyMaximum penalties:• Minor damage: fines or 3 years• Arson of property: up to 14 yearsEvidence:• Witnesses, CCTV, forensic analysisDefences:• Accidental damage• Consent• NecessityLikely outcomes:• First minor offences: fines, probation• Serious arson: jail likely Note: The information on this page is general in nature and isn’t legal advice. For advice about your specific situation, get legal advice from a lawyer.