What is the Unlawful Wounding and Grievous Bodily Harm in Queensland?
In Queensland, both unlawful wounding and grievous bodily harm (GBH) are serious offences under the Criminal Code 1899 (Qld). They fall within the category of violent crimes and can lead to lengthy prison sentences. The main difference lies mainly in the extent of the injury. Unlawful wounding involves breaking and penetrating the skin. Grievous bodily harm involves much more serious injury- something that causes or is likely to cause permanent harm or endanger life.
What is unlawful wounding in Queensland?
Under section 323 of the Criminal Code 1899 (Qld), a person commits unlawful wounding when they unlawfully wound another.
To “wound” means that the true skin must be broken and not just grazed or scratched. The injury must penetrate the outer skin layer.
Examples include:
A knife or glass cut that breaks the skin;
A deep bite or puncture wound;
A blow causing the skin to split.
For the act to be unlawful, it must not be authorised, justified, or excused by law, such as in lawful self-defence.
Maximum penalty: 7 years imprisonment.
If the offence is committed in a public place while affected by alcohol or drugs, the court may impose a harsher sentence under s 108B of the Penalties and Sentences Act 1992 (Qld).
What is grievous bodily harm in Queensland?
Grievous bodily harm (GBH) is defined under section 320 of the Criminal Code 1899 (Qld). It is a more serious offence than unlawful wounding and involves injuries with lasting or life-threatening consequences.
The law defines GBH as:
The loss of a distinct part or organ of the body;
Serious disfigurement; or
Any bodily injury that, if left untreated, would endanger life or cause permanent injury to health — whether or not treatment was available.
In R v Lovell; Ex parte Attorney-General (Qld) [2015] QCA 136, the Queensland Court of Appeal confirmed that an injury repaired by medical treatment can still be “serious disfigurement.”
Maximum penalty: 14 years imprisonment.
How courts decide between wounding and GBH
Courts look closely at medical evidence and the long-term effects of the injury. The prosecution must prove beyond reasonable doubt that:
The defendant caused the injury; and
The injury meets the definition of “wound” or “grievous bodily harm”; and
The act was unlawful (not authorised, justified, or excused by law).
For causation, the defendant’s act does not need to be the only cause, but it must be a significant or substantial cause of the injury (Swan v The Queen (2020) 269 CLR 663).
What are examples of GBH and wounding?
Examples of unlawful wounding include situations where a person causes a cut or injury that breaks the skin, such as a punch that splits the lip or a knife wound requiring stitches. These injuries, while serious, generally fall short of causing permanent or life-threatening harm. In contrast, grievous bodily harm (GBH) involves much more severe injuries, such as a broken jaw or fractured skull, severe burns, the loss of an eye, or long-term nerve damage that permanently affects health or function.
Aggravating factors that increase penalties
The offence is more serious if:
It occurred in a public place while the offender was affected by alcohol or drugs; or
It was committed as part of a criminal organisation under s 161Q of the Penalties and Sentences Act 1992 (Qld).
These circumstances can significantly increase the sentence imposed.
Will I go to prison for GBH or wounding in Qld?
When sentencing, the court considers:
The extent and nature of the injury;
Whether it was intentional, reckless, or accidental;
The degree of violence used;
The offender’s criminal history, background, and level of remorse;
Any aggravating circumstances (e.g. intoxication, public place, use of weapon).
Sentences for GBH commonly involve imprisonment, though shorter sentences or suspended terms may be available for lesser injuries or strong mitigating factors.
How can I defend a GBH or wounding charge in Qld?
The right defence depends on the facts. Common arguments include:
Self-defence – where reasonable force was used to protect oneself or another (ss 271–272 Criminal Code);
Accident – the injury was not intended or reasonably foreseeable (s 23);
Lack of intent – where the conduct was reckless but not deliberate;
Identification issues – where it cannot be proven who caused the injury.
Note that provocation is not a defence to GBH under section 320 (Kaporonovski v The Queen (1973) 133 CLR 209).
Will a GBH or wounding charge in Qld affect my job?
Beyond the court outcome, a conviction for unlawful wounding or GBH can have serious personal and professional consequences. It may affect your:
Employment and professional registration;
Ability to hold a Blue Card or weapons licence;
Travel and visa eligibility; and
Reputation and standing in the community.
For many people, these long-term effects are more damaging than the sentence itself. Early, strategic legal advice is critical to protect your future.
What should I do if I am being investigated or charged by the police?
If you have been charged or contacted by police about an allegation of wounding or GBH:
Do not make a statement or attend an interview without legal advice;
Do not contact the complainant or witnesses;
Preserve any medical, phone, or CCTV evidence;
Get immediate legal advice before your first court date.
Frequently asked questions
Can GBH charges be downgraded to unlawful wounding?
Maybe. If the injury is less severe than alleged, or medical evidence does not meet the definition of GBH, the charge may be negotiated down to unlawful wounding or assault occasioning bodily harm.
Will I go to jail for Grievous Bodily Harm in Qld?
There is a high risk of actual imprisonment if convicted of GBH in Qld. This depends on the extent of injury, whether it was a first offence, and mitigating factors such as early plea, remorse, and cooperation with authorities.
Is medical evidence required?
Yes. Medical reports and expert opinions are crucial in determining whether the injury constitutes wounding or GBH.
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Last updated October 2025.