Have you been charged with Unlawful Wounding?

 

A charge of 'unlawful wounding' under Section 323 of Criminal Code (Qld) is a very serious offence.

If you are charged with this criminal offence, it is crucial to seek urgent legal advice from an experienced criminal lawyer.

Our highly experienced criminal lawyers have successfully defended and negotiated outcomes in cases involving unlawful wounding. Contact us today to see how we can help your case.

What is unlawful wounding?

Under Section 323 of the Criminal Code (Qld), unlawful wounding occurs when someone causes an injury that breaks the skin of another person, without lawful justification or excuse. Even minor injuries that penetrate the skin can meet the legal definition of wounding.

The act must be both intentional and unlawful to result in a conviction. Self-defence, accident, or lawful excuse may provide grounds for a defence to this charge.

Penalties for unlawful wounding

Unlawful wounding is a serious offence that carries a maximum penalty of seven years’ imprisonment. However, the actual sentence imposed will depend on many factors, such as:

  • The circumstances surrounding the offence.

  • The severity of the injury.

  • Any prior criminal history of the accused.

In some cases, the court may consider alternative sentencing options, such as a suspended sentence, depending on the individual circumstances.

Intoxication and public place offences

If the offence is committed in a public place while the offender is intoxicated, it becomes a circumstance of aggravation. In such cases, Section 108B of the Penalties and Sentences Act 1992 requires the court to impose a community service order in addition to any other penalty imposed.

Defences to unlawful wounding

If you are charged with unlawful wounding, it is important to consider if any defences are available. This includes considering:

  • Self-defence - This defence applies when the accused acted to protect themselves or another person from immediate harm. The actions taken must be proportionate to the perceived threat.

  • Duress - If the accused was compelled to commit the act due to a threat of harm to themselves or another person, this defence may apply. The threat must be immediate and significant, leaving the accused with no reasonable alternative.

  • Mental impairment - If the accused was suffering from a significant mental health condition at the time of the offence, which impaired their ability to understand the nature or wrongfulness of their actions, they may be eligible for a mental impairment defence.

  • Unwilled act - If the act causing the wounding was involuntary or accidental, and the accused had no intent to cause harm, this may provide a defence. This typically applies in situations where the injury was caused by an uncontrollable or unintended act.

How Our Brisbane Lawyers Can Help

The early stages are critical and can affect the outcome. We will thoroughly examine your case to build the strongest defence.

We can help you by:

  • Thoroughly evaluating the evidence against you and identify weaknesses in the prosecution’s case.

  • Advise you on the most effective defence strategies for your situation.

  • Negotiate with the prosecution to reduce or dismiss the charges where possible.

  • Represent you in court and advocate for the best possible outcome.

Contact us today for strategic advice from our highly experienced Brisbane criminal lawyers.