Facing charges of Grievous Bodily Harm in Qld?

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Choosing the best Grievous Bodily Harm lawyer in Qld

Grievous Bodily Harm (GBH) under section 320 of the Criminal Code 1899 (Qld) is a serious offence carrying a high risk of imprisonment. Our leading Brisbane criminal lawyers appear in all Queensland courts, and have extensive experience defending serious charges, with outcomes including:

  • not guilty verdicts;

  • reduced penalties;

  • negotiated charges; and

  • charges being discontinued.

If you are charged, seeking early advice from an experienced criminal defence lawyer will make a difference to the outcome. Call us, or fill in our Quick Enquiry form to receive a link to our free guide, 16 Things You Need to Do Now if Charged with a Criminal Offence. 

Case examples of Grievous Bodily Harm in Qld

  1. R v Pitt [2017] QCA 13 - 6 years imprisonment with a serious violent offence declaration. The defendant caused severe facial injuries and a traumatic brain injury to his female partner.

  2. R v lese [2017] QCA 68 - 18 months imprisonment to serve 4 months, reduced to 12 days after an appeal. The Court considered the defendant’s minimal criminal history and the complainant’s goading conduct when reducing the penalty.

  3. R v Smith [2018] QCA 136 - 7 years imprisonment with a serious violent offence declaration. The defendant stabbed a 71-year-old man during a home invasion, who permanently lost sight in one eye.

  4. R v Hogan [2015] QCA 151 - 3 years imprisonment suspended after 9 months. The defendant caused grievous bodily harm by forcing tablets and water into the complainant’s throat.

  5. R v Dell [2016] QCA 257 - 4½ years imprisonment with parole eligibility after 2 years. The defendant threw a golf ball filled with explosives in a public place, causing serious injuries to the hands of the complainant.

  6. R v Ford [2011] QCA 208 - 6 years imprisonment with parole eligibility after 2 years. The defendant, a youthful first-time offender, delivered a single punch that left the complainant with catastrophic brain injuries.

  7. R v Parker [2011] QCA 198 - 8 .5 years imprisonment with parole eligibility after 4 years (after a trial). This involved two blows with a hammer causing very serious permanent brain damage.

In Queensland, a conviction for grievous bodily harm usually results in imprisonment unless there are exceptional circumstances. Seeking early legal advice is vital to explore all options and develop the strongest strategy for the best possible outcome..

FAQ - Keypoints Grievous Bodily Harm charges in Qld

  • Grievous bodily harm (GBH) is defined under section 1 of the Criminal Code (Qld). It includes:

    • the loss of a distinct part or organ of the body

    • serious disfigurement

    • a bodily injury that, if left untreated, would endanger life or likely cause permanent injury to health

    An injury can still be considered GBH even if medical treatment is available to reduce the harm.

  • Examples include:

    • severe fractures

    • significant internal injuries

    • injuries that cause long-term medical issues

    • serious scarring or disfigurement, even if surgery or treatment later improves the appearance

  • Assault covers a wide range of unlawful force, from minor contact to serious harm.

    GBH is a specific category of harm, involving very serious injuries as defined in the Criminal Code.

    The difference usually comes down to the seriousness and permanence/ongoing risks of the injury.

  • If you are charged with GBH, the prosecution must prove that you acted unlawfully and caused the injury.

    The case will start in the Magistrates Court, but be committed to the District Court for trial or sentence.

    A conviction can result in imprisonment and a criminal record.

  • Imprisonment is a real possibility. The maximum penalty is 14 years imprisonment. Courts look at factors such as:

    • how the injury was caused

    • the level of violence used

    • your criminal history

    • whether there are any mitigating circumstances

    In most cases, there is a high risk of jail but from our extensive experience, there are strategies to minimise this risk.

  • The maximum penalty is 14 years imprisonment. Sentences vary depending on the circumstances, but the courts treat it as a very serious offence.

  • Any serious charge can affect employment, especially if you hold professional registrations, licences, or need a clear criminal record.

    We have acted for other lawyers, doctors, engineers, nurses, pilots, directors and will take into account the effects on your job when advising the best strategy.

  • Defence strategies may include:

    • challenging the medical evidence to show the injury does not meet the GBH definition

    • arguing causation if other factors contributed to the injury

    • raising identity issues if there is doubt about who caused the harm

    • relying on legal defences such as self-defence, accident, or duress

  • Yes. If you used force to defend yourself or another person, and the response was proportionate in the circumstances, self-defence may be argued. Whether it applies depends on the evidence in your case.

  • You should seek legal advice immediately. Early advice from experienced criminal defence lawyers will make a difference to the outcome.

Facing serious charges in Qld?

If you or someone you know needs urgent legal advice, contact us now.

Call us on (07) 3012 6531 or fill in our Quick Enquiry form for a confidential discussion with our Brisbane criminal lawyers. 

Call (07) 3012 6531