Grievous Bodily Harm

Grievous bodily harm charges in Queensland

Grievous bodily harm is a serious criminal offence, often punishable by actual imprisonment. In Queensland, it is an offence under section 320 of the Criminal Code 1899 (Qld). Suffering life-threatening or permanent injuries are examples of grievous bodily harm, although the definition covers a wider range of serious injuries.

If you are seeking to learn more about grievous bodily harm charges in Queensland, the following topics are covered below:

• Grievous bodily harm in Queensland
• Definition of grievous bodily harm
• Maximum and minimum penalties
• Possible alternative charges
• Possible defences to grievous bodily harm
• Recent cases involving grievous bodily harm

Grievous bodily harm in Queensland

Section 320 of the Criminal Code makes grievous bodily harm an offence in Queensland. The law states:

(1) Any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 14 years.

(3A) The Penalties and Sentences Act 1992, sections 108B and 161Q state a circumstance of aggravation for an offence against this section.

(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

The reference to s. 108B relates to mandatory community service. That penalty applies to offences committed in a public place by people adversely affected by drugs or alcohol. It is in addition to any other penalty imposed.

Section 161Q of the Penalties and Sentences Act 1992 refers to the ‘serious organised crime circumstance of aggravation’, which mandates a significant mandatory minimum imprisonment in addition to any other penalty. It targets people who commit the offence in association with being a participant in a criminal organisation.

If the offence is committed with ‘intent’ to do grievous bodily harm, then a charge of ‘malicious act with intent’ is possible under section 317 of the Criminal Code (Qld). A charge under section 317 carries a maximum penalty of life imprisonment.

The Supreme and District Courts Benchbook contains the standard directions about the elements of a grievous bodily harm charge, which must be proved beyond a reasonable doubt.

Definition of grievous bodily harm

The meaning of the term ‘grievous bodily harm’ is defined in section 1 of the Criminal Code:

“grievous bodily harm” means—

(a) the loss of a distinct part or an organ of the body; or

(b) serious disfigurement; or

(c) any bodily injury of such a 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 treatment is or could have been available.

The definition of grievous bodily harm captures a wide variety of physical injuries. The nature and extent of injuries suffered are relevant to the penalties imposed. For this reason, it is often the case that specialist medical opinions are necessary in order to understand the basis for why an injury may fit within the definition of “grievous bodily harm”.

Maximum and minimum penalties

The maximum penalty for grievous bodily harm in Queensland is 14 years’ imprisonment. However, a serious organised crime circumstance of aggravation may see the penalty exceed 14 years.

Many offences under Queensland law do not carry mandatory minimum sentences. Grievous bodily harm does when one of two circumstances of aggravation applies to a charge:

1. When a person commits the offence in a public place while adversely affected by an intoxicating substance, a community service order of up to 240 hours is imposed in addition to any other penalty.
2. When a person commits the offence and the serious organised crime circumstance of aggravation applies: 7 years’ imprisonment is automatically added on top of the sentence the court decides. The 7 years’ imprisonment must be served wholly in prison, in addition to any other penalty ordered by the court.

Possible alternative charges

There are possible alternative violent offences to the offence of grievous bodily harm. The prosecution may determine that a more or less serious charge may be appropriate, based on the evidence. Such related offences include:

• Assault occasioning bodily harm
• Attempted murder
• Common assault
• Malicious act with intent
• Serious assault
• Unlawful wounding

Possible defences to grievous bodily harm

An essential element of a grievous bodily harm charge is that it be ‘unlawful’. In Queensland, possible defences include:

• Accident
• Defence of another
• Extraordinary emergency
• Insanity
• Mistake of fact
• Self defence
• Unwilled act

Amongst the most important advice a lawyer can provide is whether or not a defence applies to an individual case. In some cases, multiple defences may apply. In others, no defence is viable. Certain defences cannot operate together. For this reason, anybody facing a police investigation or criminal charge should seek early, authoritative advice from an experienced criminal lawyer to understand their legal position.

Recent cases involving grievous bodily harm

About Andrew Anderson

Anderson Legal provides comprehensive criminal law defence services for people facing investigation or charges relating to serious criminal offences in Queensland. In assisting clients, this firm:

• provides advice and representation
• defends against unfair allegations
• resolves, where appropriate, charges by negotiation
• applies to courts for orders, including to exclude evidence
• represents clients in complex trials and sentences
• litigates appeals for wrongful convictions and sentences

Anderson Legal provides clear guidance in all cases. It allows clients to make informed decisions about their options and their preferred path forward.

Criminal defence work requires more than just an understanding of criminal law and procedure. It requires the insight to know that without the ability to properly contest allegations, innocent people are condemned to unjust convictions and punishments. History provides countless examples of innocent people wrongly accused of committing serious offences and prisoners condemned to punishments that do not fit the crime.

Anderson Legal is a Brisbane-based law firm that has the expertise and proven experience to provide criminal defence services for individuals and businesses. If you need a trusted and respected criminal lawyer, there are many reasons why Anderson Legal should be your preferred choice.

Call this firm for a confidential, obligation-free telephone consultation

This firm offers a free telephone consultation. The reason is simple – it shouldn’t cost anything for a person to pick up the phone and understand if a particular law firm can help them or not. Anderson Legal takes the time necessary to understand the issues and to determine if this firm is in a position to provide the standard of advice and representation you are entitled to expect.

Clients of this law firm have often contacted Anderson Legal following a referral from other lawyers, however all enquiries are welcome. Anderson Legal understands people put their faith and trust in the work of their lawyer. Professional reputation follows reality and not the other way around. Andrew Anderson offers clients a proven track record of success in complex and difficult cases across all court levels, including multiple appeals before the High Court of Australia.

While Andrew Anderson has substantial experience litigating criminal cases across Queensland, he has a particular focus on cases arising in Brisbane, Beenleigh, the Gold Coast, Ipswich, Maroochydore, and Toowoomba. He welcomes enquiries from other centres in Queensland.

It is not uncommon for this firm to receive requests for assistance that may be better handled by others. In the interests of maintaining the highest standards, there are also occasions when new cases are declined to focus on existing clients’ needs. In such instances, Anderson Legal will try to identify who may be in a position to assist you.

If you seek a confidential, obligation-free telephone consultation about a specific issue affecting you, contact this firm.