GBH offences that our assault & violence defence lawyers provide legal representation for
We can provide legal representation for GBH matters and other assault related offences across Queensland. Here is a list of offences our senior legal team can represent you for:
- Grievous bodily harm
- Assault occasioning bodily harm
- Common assault
- Wounding
- Unlawful striking causing death
- Dangerous driving causing grievous bodily harm
- Serious Assault (including assault on police or public officers)
- Assault with a circumstance of aggravation
- Domestic violence-related assault charges
- Attempting to cause GBH or bodily harm
Grievous Bodily Harm
The Queensland Criminal Code makes it an offence for a person to commit Grievous Bodily Harm (GBH) on another person. GBH involves serious long-term or life threatening injuries where;
- There is a loss of a distinct part or an organ of the body;
- Serious disfigurement, or;
- 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;
Examples of grievous bodily harm include:
- Permanent disfigurement (e.g. deep facial scarring)
- The loss of a body part (e.g. losing a finger)
- Brain damage
- Organ damage
- Loss of limb
- Any injury that is likely to cause permanent injury to health
You will be charged with this offence whether or not the harm was caused intentionally or recklessly, as long as the offence was done unlawfully.
What are the maximum penalties for Grievous Bodily Harm in QLD?
The maximum penalty for GBH is up to 14 years imprisonment.
If the offence has a circumstance of aggravation this can lead to a longer imposed sentence for the defendant. Circumstances of aggravation for GBH offence include:
- The GBH occurred in a public place while adversely affected by an intoxicating substance, or;
- Defendant was apart of a criminal group
From 2019–20 to 2023–24, 66% of adults sentenced for grievous bodily harm in Queensland received imprisonment. Another 18% received partially suspended sentences, and 14% received wholly suspended sentences. Very few cases resulted in probation or community service, highlighting the courts tough approach to this serious offence.
Possible defence strategies for Grievous Bodily Harm in QLD
The following are some of the possible legal defences that may be available for GBH charges, depending on the circumstances of your case.
Self defence: You may have a defence if you caused GBH while protecting yourself or someone else, and the force used was reasonable in the circumstances.
- Unprovoked attack: If you were attacked first, you’re allowed to use necessary and proportionate force to defend yourself.
- Provoked attack: Even if you initiated the confrontation, self-defence may still apply if the other person responded with excessive force and you had no reasonable way to escape.
Accident: You may have a defence if the injury was the result of a genuine accident and not something you intended or could have reasonably foreseen. Under Queensland law, a person is not criminally responsible for an outcome that was unintended and unforeseeable.
The courts will determine if a reasonable person in your position would have expected the harm to occur. For example, if you pushed someone lightly and they hit their head causing GBH, it may be argued that the force used was minimal and the injury was unforeseeable in the circumstances.
What factors impact the severity of GBH charges in QLD?
When the courts deliver a sentence for a GBH charge, they take into account a range of factors that can influence the seriousness of the offence and the appropriate penalty. These factors help the court determine the level of criminal responsibility while balancing the needs for punishment and protection of the community.
Here are a range of factors the court will take into account:
- Extent of injuries: Serious and permanent injuries can lead to harsher penalties.
- Circumstances of aggravation: Aggravating factors include if the GBH is classed as domestic violence, committed while intoxicated in a public place, or as part of a criminal organisation, all of which can lead to harsher penalties.
- Previous criminal history: Previous criminal history of violence or similar offences can greatly increase the chances of imprisonment.
- Pleading not guilty: This may lead to a higher sentence if you’re later convicted, as the court may view it as a lack of cooperation and consider the additional time and resources required to run a trial.
Why choose Donnelly Law Group to defend your GBH charges in QLD?
Extensive experience defending GBH charges across Brisbane, Gold Coast & Regional Queensland
Donnelly Law Group has successfully defend clients charged with grievous bodily harm across the state of Queensland. Our senior criminal lawyers service all areas of Queensland and are committed in defending your charges, aiming for the best possible outcome in court.
Local expertise
With offices on the Gold Coast and Brisbane, we have a deep understanding of the local court processes and procedures in relation to GBH offences. We have established relationships with police, prosecutors and magistrates, providing you with every legal resource at our disposal.
Personalised approach for every GBH charge to help achieve the best outcome for our clients
At Donnelly Law Group, we take a personalised approach for all clients charged with criminal offences. Our lawyers will provide you with clear advice, options moving forward and clear communication throughout every stage, so you always understand what’s happening with your matter.
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Our legal strategy for GBH offences across Brisbane & Gold Coast (QLD)
At Donnelly Law Group, we provide a clear and result driven approach to every case, ensuring we guide you through the legal process with confidence.
Initial consultation
During the inital consultation, our lawyers will explain the charges against you and provide you with clear advice from the start.
Case assessment
After the inital consultation, our lawyers will review the evidence against you and provide you with legal options moving forward.
Developing a defence strategy
Our lawyers will develop a tailored defence strategy with the aim of achieving the best possible outcome in court. Where possible, our lawyers will negotiate with the prosecution to reduce penalties or have the charges dismissed.
Court representation
Our expert criminal lawyers will advocate on your behalf in court. Whether the matter goes to trial or is resolved through negotiation, we aim to achieve the best possible outcome in court.
GBH charges FAQs
What should I do if the police want to talk to me about a GBH offence?
You should seek legal advice immediately, if this is not possible you have the right to remain silent. You should provide identification if requested, but avoid answering any other questions or participating in a recorded interview with police.
Do I need a lawyer for a GBH charge?
You should seek legal advice immediately. A lawyer will be able to explain the charges and provide you with the best legal options moving forward. Engaging with legal representation can help you reduce penalties and avoid the possibility of imprisonment.
If you’re in need of legal advice, call our offices on 1300 11 22 12 to speak directly with an experienced lawyer.
When should I contact a lawyer about my GBH charges?
You should contact a lawyer as soon as possible, ideally before being formally charged or interviewed. Early legal advice can significantly impact the outcome of your case.
Will my GBH offence lawyer represent me in court?
Yes – your expert criminal lawyer from Donnelly Law Group will represent you at each court appearance.
What legislation covers GBH offences in Queensland?
The legislation that covers GBH offence in Queensland is section 320 of the Criminal Code Act 1899
What are the penalties for GBH offences in Queensland?
The maximum penalty for GBH is up to 14 years imprisonment.
How much does it cost to hire a GBH offence lawyer from Donnelly Law Group?
At Donnelly Law Group, we believe legal representation should be accessible to everyone. We offer fixed fees with no hidden surprises, and you also have the option to pay for your matter in instalments.
Can Donnelly Law Group help me with GBH offences outside of Brisbane & Gold Coast?
Yes – we regularly appear for clients charged with criminal offences located in regional Queensland.
