Grievous bodily harm is one of the most serious violence charges. The charge turns on the injury caused rather than whether you meant it, and some defences people expect are not available. Talk to Joseph Rahim as early as possible.
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Grievous bodily harm is an offence under the Criminal Code Act 1899 (Qld). The prosecution has to prove that you did the act, that it caused grievous bodily harm, or was a substantial cause of it, and that it was unlawful.
Whether treatment was available is disregarded.
Provocation is not a defence to grievous bodily harm.
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Every matter is different, but most follow this order.
You may be asked to take part in an interview. You have the right to remain silent, but you must give your name and address when asked. Get advice before you say anything else.
You are charged and given a court date, sometimes on bail with conditions. Read the conditions carefully; breaching them is an offence.
Charges usually start in the Magistrates Court. For people charged in or around Cairns, that is usually the Cairns Magistrates Court on Sheridan Street.
The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn. More serious charges can be sent to a higher court.
It does not have to be the only cause of the injury. Other events contributing to it do not necessarily answer the charge.
An injury that would have endangered life if untreated is grievous bodily harm even if medical treatment fixed it.
Joseph Rahim, Principal. LLB (First Class Honours), Grad Dip LP. Member, Queensland Law Society. About Joseph
When you call Coral Coast Law, you speak with Joseph Rahim, and he handles your matter himself.
No. Provocation is not available for grievous bodily harm.
Not necessarily. An injury that would have endangered life if untreated can still be grievous bodily harm.
The charge is about causing the injury unlawfully. Whether a defence such as accident applies depends on the facts.
Yes, where there was a reasonable apprehension of death or grievous bodily harm and the response was reasonably believed necessary.
Yes. It is free, confidential and comes with no obligation.
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0447 028 080This page is general information about Queensland law. It is not legal advice. Every matter turns on its own facts, so speak with us about yours.
