Our experienced criminal law solicitors have prepared a brief overview of the law relating to grievous bodily harm.
If you or someone you care about is facing a charge of grievous bodily harm, you need specific advice and should contact Gatenby Criminal Lawyers on 55800120 for advice.
Grievous Bodily Harm – The Law
Section 320 of the Criminal Code of Queensland creates the offence of Grievous Bodily Harm. The section provides:
Any person who unlawfully does grievous bodily harm to another is guilty of a crime, and is liable to imprisonment for 14 years.
Elements of the offence
To be found guilty of the offence of grievous bodily harm, the prosecution is required to prove, beyond a reasonable doubt, the following elements:
- Does grievous bodily harm to another person.
Grievous bodily harm differs from assault charges. The primary difference is the extent of the injury. Grievous bodily harm is defined in Section 1 of the Criminal Code as:
(a) the loss of a distinct part or an organ of the body; or
(b) serious disfigurement; or
(c) 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
Maximum penalty
The maximum penalty for the an allegation of grievous bodily harm is 14 years imprisonment.
Jurisdiction – Where will the matter be heard?
The offence of grievous bodily harm is an indictable offence.
The charge will initially be commenced in the Magistrates Court, and will ultimately proceed on Indictment and be finalised in the District Court of Queensland.
Conviction – Does a conviction have to be recorded?
The sentencing Court has a discretion whether or not to record a conviction against you for the offence of grievous bodily harm. Generally a conviction would be recorded for this type of offence, although one is not inevitable.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
The relevant factors are set out in section 12 of the Penalties and Sentences Act 1992, and include, the nature of the offence, the offenders character and age, together with the impact the recording a conviction would have on the offenders chances of finding employment. If you are concerned about a conviction being recorded on you or a loved you should seek legal advice.
For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.