Unlawful wounding is a serious charge, and the line between a wound and a lesser injury is a technical one. Talk to Joseph Rahim about the charge and the evidence before you go to court.
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Unlawful wounding is an offence under the Criminal Code Act 1899 (Qld). The prosecution has to prove that you wounded the other person, and that the wounding was unlawful.
The true skin has to be broken and penetrated, not just the outer layer. A small cut can be enough if it goes through the true skin, while a graze that does not may not be.
Provocation is not a defence to unlawful wounding. Being in a public place while affected by alcohol or a drug makes it more serious.
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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The matter is resolved by a plea of guilty, a hearing or trial, or the charge being withdrawn.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.
Many people assume being provoked is a defence, but it is not a defence to unlawful wounding.
Whether the true skin was broken is a question of evidence. The medical records and photos are often central.
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.
The true skin has to be broken and penetrated, not just the outer layer.
No. Provocation is not available for unlawful wounding.
It can, depending on the circumstances and the force used.
It is a separate charge focused on the nature of the injury. Your paperwork shows exactly what is alleged.
Yes. It is free, confidential and comes with no obligation.
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The sooner you get advice, the more can be done. Tell Joseph what has happened and find out exactly where you stand, with no cost and no pressure.
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.
