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Grievous Bodily Harm

Potts Lawyers > Grievous Bodily Harm

What the law says about Grievous Bodily Harm

Section 320 of the Criminal Code Queensland  states:

Any person who unlawfully does grievous bodily harm to another is guilty of a crime.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1.  The accused did grievous bodily harm to the complainant; and
  2.  That the doing of the grievous bodily harm was unlawful.

Definition Of Grievous Bodily Harm

“Grievous bodily harm” is defined to mean

  •  the loss of a distinct organ of the body; or
  •  serious disfigurement; or
  •  any bodily injury of such nature that, if left untreated, would endanger or be likely to endanger life or cause or be likely to cause permanent injury to health;

whether or not medical treatment is or could have been available.

The jury must disregard the availability or not of any medical treatment, and have regard only to the nature of the injury itself.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence.

Maximum Penalty

The maximum sentence for the offence of Grievous Bodily Harm is 14 years imprisonment.

Which court will hear the matter

This matter is an indictable offence which is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. Lack of will
  2. Accident
  3. Compulsion or emergency (also known as duress or necessity)
  4. Insanity
  5. Intoxication
  6. Self defence, provided a reasonable person felt they were subjected to force which could cause death or grievous bodily harm.

Note that the defences do not always completely absolve a person from criminal responsibility and often merely reduce criminal responsibility.

Note the defence of provocation is only available to offences in the definition of which an assault is an element; it is not available merely because on the evidence the offence charged in a particular case is shown to have involved the commission of an assault.

Provocation is not a defence to grievous bodily harm.

Related Offences

  • Assault Occasioning Bodily Harm
  • Common Assault

Our Criminal Lawyers are experienced in a broad range of Assault and Violent Offences. If you need quality advice or representation contact Potts Lawyers today.

Grievous Bodily Harm (GBH) Frequently Asked Questions

Does the prosecution have to prove I intended to cause grievous bodily harm?

No. To be found guilty of grievous bodily harm in Queensland, the prosecution does not need to prove that you intended to cause such severe injury, or even that you intended to touch the other person. Additionally, they do not need to establish a lack of consent, as an individual cannot legally consent to receiving grievous bodily harm.

What factors influence the final penalty for a GBH offence?

While the maximum penalty is 14 years imprisonment, the court determines the actual sentence by weighing the specific nature and severity of the injury, your personal circumstances, and your prior criminal history. Note that under Queensland law, if the offence is committed in a public place while under the influence of alcohol, the court is legally mandated to order community service as part of your penalty.

What should I do if the police ask me to come in for questioning?

If the police contact you to discuss a grievous bodily harm charge, we strongly advise exercising your right to silence until you have spoken with a lawyer. Speaking to the police without legal representation carries a high risk of accidentally providing information that could be used to upgrade your charges or file additional ones. You should remain polite and cooperative, but firmly state that you wish to speak to a solicitor before answering questions.

How can a criminal defence lawyer help me fight a GBH charge?

An experienced criminal lawyer will critically evaluate the strength of the prosecution’s case to determine your best defence strategy. They can negotiate directly with prosecutors to potentially get charges downgraded or dropped, represent you strongly in court so you don’t have to stand alone, and present persuasive arguments to the magistrate or judge to minimise any potential penalties.

If you have been charged with this offence or any other type of drink driving offence, contact our experienced criminal lawyers for advice today.