What is the Unlawful Wounding and Grievous Bodily Harm in Queensland?

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Introduction

In Queensland, Australia, the law defines specific offences related to causing harm to another person.

Two serious offences in this category are ‘Unlawful Wounding’" and ‘Grievous Bodily Harm’ (GBH). While both offences involve causing harm to another individual, they have distinct legal definitions, penalties, and implications. This article aims to shed light on the differences between Unlawful Wounding and Grievous Bodily Harm in the Queensland legal system.

Unlawful Wounding:

Unlawful Wounding means that the true skin must be broken and penetrated, and not merely the cuticle or outer skin. As such, the medical evidence will be important. For the wounding to be unlawful, this means that it was not authorised, justified, or excused by law.

The maximum penalty for unlawful wounding is 7 years imprisonment. The court will take into account the whole of the circumstances when deciding the penalty. If the offence was committed in a public place while the defendant was affected by alcohol, then the penalty may be higher.

Grievous Bodily Harm:

GBH is considered a more serious offence than Unlawful Wounding, and is defined as:

  1. the loss of a distinct part or an organ of the body; or

  2. serious disfigurement;

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

The maximum penalty is 14 years imprisonment. Factors the court will consider include the nature of the injury, the victim’s recovery, any criminal history, and the age and background of the defendant.

Both charges can lead to serious personal, social, and economic consequences for a defendant. It is important to seek advice early from an experienced criminal lawyer if you are charged with these offences.

All articles on our website are of a general nature and should not be relied upon as legal advice. The information contained within, is accurate at the time of publication. If you require further information, advice or assistance for your specific circumstances, please contact us.