Grievous Bodily harm charges QLD (GBH charges QLD).

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;

1. There is a loss of a distinct part or an organ of the body;
2. Serious disfigurement, or;
3. 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.