GRIEVOUS BODILY HARM CHARGES IN CAIRNS
We represent clients across Cairns, Far North Queensland, Greater Queensland, and Victoria, with remote consultations available Australia‑wide.

In Queensland, grievous bodily harm (GBH) is defined in section 1 of the Criminal Code Act 1899 (Qld) as:

- The loss of a distinct part or organ of the body;

- Serious and lasting disfigurement; or

- Any bodily injury that, if left untreated, would be likely to endanger life or cause permanent injury to health.

Importantly, an injury can still amount to GBH even if medical treatment is available or successful in reducing its long‑term impact. Because of the seriousness of these injuries, GBH is treated as one of the most severe assault offences under Queensland law.

Under section 320 of the Criminal Code Act 1899 (Qld), unlawfully causing grievous bodily harm carries a maximum penalty of 14 years’ imprisonment. Because of the seriousness of the offence, GBH matters are heard in the District Court of Queensland.

In some cases, there may be circumstances of aggravation. For example, under the Penalties and Sentences Act 1992 (Qld), if the offence is linked to serious organised crime (s 161Q), the court must treat it as more serious and impose a harsher penalty.

The actual sentence will depend on the facts of the case, including the extent of the injury, the circumstances of the offence, and the offender’s criminal history.

To secure a conviction for grievous bodily harm under section 320 of the Criminal Code Act 1899 (Qld), the prosecution must prove each of the following elements beyond a reasonable doubt:

- That the accused caused grievous bodily harm to the complainant; and

- That the doing of grievous bodily harm was unlawful (not authorised, justified, or excused by law).

The prosecution does not have to prove that the accused intended to cause grievous bodily harm. They only need to show that the injury meets the legal definition of GBH and that it was caused unlawfully.

If you are charged with grievous bodily harm (GBH) in Queensland, there may be legal defences available depending on the circumstances. These can include:

- Self‑defence – where reasonable force was used to protect yourself or another person.

- Accident – if the injury was not intended and occurred by genuine accident.

- Duress – where you were forced to act under threat of serious harm.

- Extraordinary emergency – under section 25 of the Criminal Code Act 1899 (Qld), if your actions occurred in a sudden or extraordinary emergency and an ordinary person in your position would have acted the same way.

- Lack of proof – if the prosecution cannot prove beyond reasonable doubt that you unlawfully caused grievous bodily harm.

Every case is different, and the availability of a defence will depend on the facts. Getting early legal advice is essential to identify the best strategy for your situation.

A conviction for grievous bodily harm (GBH) in Queensland is extremely serious. Beyond the risk of a lengthy prison sentence of up to 14 years, a conviction will leave you with a criminal record that can affect many areas of your life.

The consequences may include:

- Difficulty finding or keeping employment, particularly in roles requiring background checks.

- Restrictions on overseas travel and visa approvals.

- Loss of professional licences or registrations.

- Lasting impacts on your reputation, family life, and future opportunities.

Because of these serious consequences, it is vital to seek legal advice as early as possible if you are facing a GBH charge.

Being charged with grievous bodily harm in Queensland is one of the most serious offences short of homicide. Coral Coast Law provides clear guidance and strong defence strategies to help you navigate this difficult time.

Coral Coast Law can:

- Provide straightforward advice about the charge, the court process, and your legal options.

- Represent you in police interviews to ensure your rights are protected from the outset.

- Identify and prepare any defences that may apply to your case.

- Negotiate with the prosecution where appropriate to reduce or dismiss charges.

- Deliver skilled representation in the District Court to pursue the best possible outcome.

Coral Coast Law is dedicated to protecting your rights and working tirelessly to achieve the best result available in your circumstances.