Grievous Bodily Harm

Section 320 of the Criminal Code (Qld) makes it an offence for any person to do ‘Grievous Bodily Harm’ to another person.  This offence is a serious indictable offence which will ordinarily be charged when a person assaults another person, and in doing so, causes an injury which is life threatening, or has the potential to permanently impact on a person’s health. Because of the nature and seriousness of the offence, this offence commonly attracts sentences of actual imprisonment if a person is convicted.

What is ‘Grievous Bodily Harm?’

Section 1 of the Criminal Code (Qld) defines Grievous Bodily Harm as including:

• the loss of a distinct part or an organ of the body
• serious disfigurement; or 
• 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.

The following acts constitute Grievous Bodily Harm:

• Punching someone in the face and breaking their jaw
• Shoving someone to the ground with them suffering a broken wrist from the fall
• Spraying something dangerous in someone’s face which causes permanent damage to their eyes/vision 

What Must Be Proven?

For a person to be found guilty of a charge of Grievous Bodily Harm, the Prosecution must prove each of the following elements of the offence beyond a reasonable doubt:

1. The Defendant “did” an act or actions, which constituted the offence

• • For example, an assault of another person (the Complainant)

1. The Defendant’s act or actions caused (or were a substantial cause of) ‘Grievous Bodily Harm’ to the Complainant

• • In other words, the Defendants actions caused:

• • • the loss of a distinct part or an organ of the body
    • serious disfigurement; or 
    • a bodily injury which, without medical intervention, would:

• • • • endanger or be likely to endanger life, or 
      • cause or be likely to cause permanent injury to health.

1. The Defendants act or actions were ‘unlawful’ 

• • In other words, the Defendant’s act or actions which caused Grievous Bodily Harm to the Complainant were not justified or excused by law/ or through the application of some lawful defence to the charge.

If the Police are unable to prove each of the above elements of the offence beyond a reasonable doubt, the Defendant charged should be found ‘not guilty’ of the offence.

Maximum Penalty and Simpliciter and Aggravated Offences of Grievous Bodily Harm

The maximum penalty for a standard or ‘simpliciter’ charge of Grievous Bodily Harm is 14 years’ imprisonment. 

There are also two legislatively identified circumstances of aggravation for the offence of Grievous Bodily Harm. Each of these circumstances of aggravation have the following impact on the Defendant’s potential sentence, if convicted:

Being a participant of a criminal organisation

If the Defendant was a participant in a criminal organisation (for example an outlaw motorcycle gang), and they knew, or ought reasonably to have known, the Grievous Bodily Harm was done to the Complainant:

1. at the direction of a criminal organisation, or a participant in a criminal organisation 
2. in association with 1 or more other people who were participants of a criminal organisation at the time of the commission of the offence, or
3. for the benefit of a criminal organisation

the Penalties and Sentences Act (Qld) dictates that the Court must impose a base component (sentence of imprisonment imposed under the law) and, in addition, a further mandatory 7 years’ imprisonment, to be served cumulatively (or on top of) the base component, and served wholly in a corrective services facility. 

Being adversely affected by an intoxicating substance in public

If the Defendant is charged with committing Grievous Bodily Harm in a public place while the Defendant was adversely affected by an intoxicating substance, the Penalties and Sentences Act (Qld) dictates that the sentencing Court must make a community service order as a part of the Defendant’s sentence, whether or not the Court also makes another sentencing order.  This means that a Defendant may be sentenced to both imprisonment and community service for this type of aggravated Grievous Bodily Harm offence. 

Which Court Will Hear the Matter?

The offence of Grievous Bodily Harm will usually be commenced in the Magistrates Court, however, due to the nature and seriousness of the offence, the charge cannot be finalised in the Magistrates Court. An offence of Grievous Bodily Harm must go through a committal process and be finalised before a Judge in the District Court of Queensland.

Possible Defences

The following defences may be available for an offence of Grievous Bodily Harm: 

Self defence against an unprovoked assault – Section 271 of Criminal Code (Qld)

This defence may apply when the Defendant is unlawfully assaulted first and has not provoked the assault. A person will not be liable for the offence of Grievous Bodily Harm if:

• they were defending themselves against an unprovoked assault; and
• they used reasonable force (and no more force than was reasonable); and
• it was reasonably necessary for them to defend themselves in the manner they did, to prevent the assailant killing them or causing them grievous bodily harm.

Self defence against a provoked assault- Section 272 of Criminal Code (Qld)

This defence may apply if a Defendant has first assaulted (but not with such force as to be likely to cause Grievous Bodily Harm or death) or provoked the Complainant and in return, the Complainant has retaliated disproportionately by assaulting the Defendant with such violence as to cause the Defendant to hold a reasonable apprehension the Complainant will kill them or cause them Grievous Bodily Harm. In this scenario, the Defendant is not criminally responsible for using any such force as is reasonably necessary for their own preservation, even if that force may cause death or Grievous Bodily Harm.  

Insanity – Section 27 of Criminal Code (Qld)

This defence will only apply if the evidence suggests the Defendant was, at the time of the act, in such a state of mental disease or natural mental infirmity as to deprive them of the capacity to:

• understand what they are doing, or 
• control their actions, or 
• know that they should not do the act.

If the evidence suggests a person was deprived of any of the relevant 3 capacities above, the law in Queensland says that they should not be criminally responsible for their actions in perpetrating the offence. 

Common Questions about Grievous Bodily Harm

Will I go to jail?

The following is a list of potential sentences a Queensland Court can make (in order of seriousness, from least serious to most serious):

• Convict and not further punish
• Release upon entering into a recognisance, with no conviction recorded (also known as a Good Behaviour Bond)
• A monetary fine
• Probation 
• Community Service
• An Intensive Corrections Order
• Suspended Orders of Imprisonment
• Imprisonment 

Which of the above sentencing options the Court will prefer will largely depend on a number of matters, including but not limited to:

• Whether the act which caused Grievous Bodily Harm was spontaneous or pre-meditated
• The extent and permanency of the injury caused to the Complainant 
• Whether a weapon was involved
• Whether the Defendant has any criminal history (particularly if their previous history has included offences of violence) for previous violent offending
• Any co-operation by the Defendant with law enforcement
• Whether the Defendant has engaged in/ is engaging in rehabilitation to prevent offending like this in future

In Queensland, if a person commits an offence of violence, the sentencing principle that ‘imprisonment is a sentence of last resort’ does not apply.  Accordingly, a person will often be at risk of actual imprisonment if convicted of a charge of Grievous Bodily Harm, even if they have no previous criminal history.

Will I get a criminal record?

There is also a high risk of a conviction being recorded.  In Queensland, any time the Court orders a term of imprisonment for an offence (even if the imprisonment is wholly suspended, or the person is granted immediate parole) the Court must record a conviction. This means the offence will appear on the person’s Court outcomes, and the person will have recorded criminal history. 

If you are contacted by Police and they want to talk to you about a charge of Grievous Bodily Harm, or if you are charged with this offence or any other criminal matter, it’s important you receive good advice at the earliest opportunity and before speaking with Police or anyone else about the matter.   

Armstrong Legal provides expert legal advice and representation for offences of this nature. Contact Armstrong Legal now to arrange an obligation free consultation.