What happens if I am charged with grievous bodily harm in Qld?
Being charged with grievous bodily harm (GBH) in Queensland is extremely serious. The offence carries a maximum penalty of 14 years’ imprisonment under section 320 of the Criminal Code 1899 (Qld). If you are facing this charge, your case will be dealt with in the District Court, and the outcome can have long-term consequences for your job, reputation, and future.
What does grievous bodily harm mean under Queensland law?
Section 1 of the Criminal Code 1899 (Qld) defines grievous bodily harm as:
the loss of a distinct part or organ of the body; or
serious disfigurement; or
any bodily injury that, if left untreated, would endanger or be likely to endanger life, or cause or be likely to cause permanent injury to health – whether or not treatment is or could have been available.
In R v Lovell; Ex parte Attorney-General (Qld) [2015] QCA 136, the Court confirmed that a disfigurement can still qualify as serious disfigurement even if medical treatment later improves it.
What does the prosecution have to prove?
To convict a person of grievous bodily harm, the prosecution must prove beyond reasonable doubt that the accused:
Unlawfully caused harm (that is, without lawful justification or excuse);
Did grievous bodily harm to another person; and
The injury meets the statutory definition above.
Causation is a question of fact — the act does not need to be the sole cause of the injury, but it must be a significant or substantial cause (Swan v The Queen (2020) 269 CLR 663; Royall v The Queen (1991) 172 CLR 378).
The term “unlawfully” simply means the act was contrary to law (R v Knutsen [1963] Qd R 157; Houghton v The Queen [2004] WASCA 20).
Provocation is not a defence to a GBH charge (Kaporonovski v The Queen (1973) 133 CLR 209).
What does ‘likely to endanger life’ mean?
The definition includes injuries that would “endanger or be likely to endanger life” or “cause or be likely to cause permanent injury to health.”
The word “likely” means there is a real or substantial chance, not just a theoretical possibility (Boughey v The Queen (1986) 161 CLR 10; R v Crossman [2011] 2 Qd R 435).
What injuries are considered grievous bodily harm?
Examples of injuries that Queensland courts have found to amount to grievous bodily harm include:
broken or fractured bones
severe lacerations or burns
internal organ damage or bleeding
loss or permanent impairment of a limb or bodily function
facial injuries leading to permanent scarring or disfigurement
brain or spinal injuries causing lasting impairment
A medical report or hospital record is usually required to prove the injury meets the legal threshold for GBH.
What are the penalties for grievous bodily harm in Qld?
The maximum penalty is 14 years’ imprisonment. However, the actual sentence depends on the circumstances.
Typical sentencing patterns in Queensland include:
Three to eight years’ imprisonment for most serious assaults causing permanent or life-endangering injuries.
Suspended sentences or probation may be available for first-time offenders where the injury was less severe and genuine remorse is shown.
Serious violent offence (SVO) declarations under section 161B of the Penalties and Sentences Act 1992 (Qld) require an offender to serve 80% of the sentence before being eligible for parole.
Sentencing also considers personal background, degree of intent, level of violence, and whether weapons or intoxication were involved.
What is an aggravated grievous bodily harm charge?
The offence is treated more seriously if:
the person was a participant in a criminal organisation and had knowledge as defined in section 161Q of the Penalties and Sentences Act 1992 (Qld); or
the offence occurred in a public place while the offender was affected by alcohol or drugs.
Aggravating circumstances can lead to longer prison sentences and affect parole eligibility.
Can a grievous bodily harm charge be reduced?
Yes. Depending on the evidence, it may be possible to negotiate a reduction to a lesser offence such as assault occasioning bodily harm (AOBH) under section 339 of the Criminal Code 1899 (Qld).
This is often considered where:
the injury healed without permanent effects
the medical evidence does not clearly meet the GBH definition
there was no clear intent to cause serious injury
Charge negotiations are common in GBH cases and can make a significant difference to sentencing outcomes.
What defences are available?
Possible legal defences to a GBH charge include:
Self-defence – where reasonable force was used to protect oneself or another
Accident – where the harm was unintended and unforeseeable
Lack of causation – where another event or person caused the injury
The defence strategy depends on the evidence, witness statements, and forensic material.
What happens in court for a grievous bodily harm charge?
Your matter will start in the Magistrates Court but must be committed to the District Court for trial or sentence. Early court appearances deal with:
bail applications
disclosure of evidence
listing for committal or trial
Your lawyer will review the prosecution brief (often referred to as the QP9) and any medical or forensic reports before advising on plea options and possible negotiations.
What should I do if I am being investigated or charged?
If you are accused of grievous bodily harm:
Do not speak to police without a lawyer present.
Do not contact the complainant or any witnesses.
Preserve evidence such as messages, emails, photos, or CCTV footage.
Seek immediate legal advice before attending any interview.
Call (07) 3012 6531 now or fill in a Quick Enquiry form and one of our senior criminal defence lawyers will call you back for urgent advice.
Why early legal advice makes a difference
Getting advice early allows your lawyer to:
assess the strength of the prosecution case
engage in charge negotiations where appropriate
identify potential defences or evidentiary weaknesses
prepare effectively for bail and court hearings
Ashworth Lawyers have successfully defended over 1,000 clients in Queensland’s District and Supreme Courts, including serious violent offences.
Frequently asked questions about grievous bodily harm in Queensland
Can I avoid a conviction for grievous bodily harm?
In most cases, a term of imprisonment will likely be imposed and as such, the court has no discretion to avoid a conviction. As such, it is usually more likely that a conviction will be recorded. Therefore, early advice is critical to assess your case and decide on the necessary preparations for your best outcome.
Can the charge be dropped before trial?
Yes. Charges may be withdrawn or downgraded if the evidence is weak, inconsistent, or after successful discussions with the prosecution.
Is jail mandatory for grievous bodily harm?
Not always. While imprisonment is common, courts may have options such as a suspended sentence depending on the facts of your case.
How long does a GBH case take in Queensland courts?
All cases will start in the Magistrates Court. It will then be transferred to the District Court through a ‘committal hearing’. Overall, such serious charges can take over 18 months to finalise, depending on disclosure, medical evidence, and whether the matter proceeds to trial.
Are you facing serious charges in Qld? Call (07) 3012 6531 now for confidential advice or use our Quick Enquiry form to request a callback from a senior criminal lawyer to discuss the best options for your case.
Last updated October 2025
All articles on our website are of a general nature and should not be relied upon as legal advice. The information contained within, is accurate at the time of publication. If you require further information, advice or assistance for your specific circumstances, please contact us.