Section 271(2) of the Criminal Code 1899 (Qld) is not raised on the evidence unless the nature of the assault is sufficiently serious to support an inference of reasonable apprehension of death or grievous bodily harm; a single missed punch by a drunk person is insufficient. The discretion under s 161B(3) of the Penalties and Sentences Act 1992 (Qld) to declare a conviction as a serious violent offence must be exercised as part of an integrated sentencing process, not as a separate compartmentalised exercise, and the court must have regard to the practical consequences of the declaration. A declaration is not appropriate where the essential feature is over-reaction in self-defence and the danger of repetition is remote.
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