Grievous Bodily Harm
Have you been charged with Grievous Bodily Harm?
A charge of Grievous Bodily Harm under Section 320 of the Queensland Criminal Code is a very serious offence that has a high risk of imprisonment. Our experienced Brisbane criminal lawyers have successfully defended clients against such charges, including verdicts of Not Guilty, having charges discontinued, or negotiating a downgrading of the charge.
We will fully examine the evidence in your case to provide strategic advice in achieving the best possible outcome. For strategic legal advice from our experienced Grievous Bodily Harm lawyers, contact us today.
What is Grievous bodily harm?
To prove Grievous Bodily Harm, the prosecution must prove that a person:
Acted unlawfully; and
Done grievous bodily harm to another person.
Under Section 1 of the Criminal Code, grievous bodily harm is defined as:
The loss of a distinct part or organ of the body;
Serious disfigurement; or
A bodily injury, if left untreated, would endanger life or likely cause permanent injury to health.
Importantly, these injuries constitute grievous bodily harm regardless of whether treatment was or could have been available. The Court of Appeal in R v Lovell; Ex parte Attorney-General (Qld) [2015] QCA 136 held that a disfigurement which is remedied by medical treatment is still capable of amounting to a serious disfigurement. Injuries which may amount to grievous bodily harm, include severe fractures, significant internal injuries, or injuries requiring long-term medical treatment.
What are the possible penalties for Grievous bodily harm?
The maximum penalty is 14 years imprisonment. As it is a serious offence, the risk of imprisonment and a criminal conviction is very high. This can also affect a person’s employment, especially if they hold any special licences or registrations.
Our top Brisbane criminal lawyers have extensive experience defending this type of charge. We assess each case based on its unique circumstances, and sentencing can vary depending on factors such as intent, prior criminal history, and the nature of the injury caused.
What are the strategies to defend a charge of Grievous bodily harm?
It is crucial to get legal advice early if you have been charged with grievous bodily harm. Our experienced criminal lawyers have extensive experience in all serious and complex crimes. We will fully examine the evidence in your case to consider the best strategic options. Considerations may include:
Medical reports - it is crucial to carefully examine the report of the victim’s injuries, which will usually be from a specialist medical practitioner. The report will give an expert opinion as to whether the injury meets the strict definition of Grievous Bodily Harm. We have seen reports where the opinion just falls short of Grievous Bodily Harm and so careful scrutinise the evidence is crucial.
Causation - the prosecution must prove that the person’s actions were a significant or substantial cause of the injury. It is important to consider if there are any pre-existing medical conditions, any intervening circumstances, or other external reasons which may have contributed to the injuries.
Identification - our team have successfully defended this charge on the basis that the prosecution cannot prove it was our client who committed the offence. This requires detailed examination of the evidence, such as whether any CCTV is blurry, the victim’s description of the offender is vague, or the DNA evidence is weak or there is none. It is critical to differentiate whether your case is a ‘circumstantial case’ or ‘direct evidence case’, as the strategies to defend the charge will differ.
Defences - we will consider whether defences such as self-defence, accident, or duress are available in your case. Provocation is not available as a defence for this charge but there may be other legal strategies open depending on the specifics of your case. Early legal advice is critical to ensuring all possible options are considered.
