Facing Unlawful Wounding charges in Qld?
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A charge of unlawful wounding under section 323 of the Criminal Code (Qld) is a serious offence.
A wound means the true skin must be broken and penetrated, not just the outer layer of skin. The offence is treated more seriously if it occurs in a public place while a person is intoxicated alcohol or drugs.
If you are charged, seeking legal advice early from our best unlawful wounding lawyers 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 Unlawful Wounding in Qld
R v Toohey [2001] QCA 149 - the case involved a glass as a weapon. The court noted that the usual term of imprisonment for such cases was between 1 and 3 years.
R v Mladenovic; Ex parte A-G (Qld) [2006] QCA 116 - the Court of Appeal upheld a sentence of an intensive correction order for unlawful wounding with a broken bottle. Although the offence was serious, the injuries were minor. The court also accepted the defendant’s lack of criminal history and young age.
R v Colenso [2012] QCA 216 - the court reduced a 4.5-year sentence for unlawful wounding to 3 years for a ‘glassing’ offence.
FAQ - Keypoints Unlawful Wounding charges in Qld
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Under Section 323 of the Criminal Code (Qld), unlawful wounding occurs when someone causes an injury that breaks the skin of another person, without lawful justification or excuse.
Even minor injuries that penetrate the skin can meet the legal definition of wounding.
The act must be both intentional and unlawful to result in a conviction.
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The prosecution must prove beyond reasonable doubt that:
You wounded the complainant – the true skin was broken and penetrated.
The wounding was unlawful – not authorised, justified, or excused by law.
Any aggravating factors – for example, that you were under the influence in a public place.
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Yes. It becomes a circumstance of aggravation.
In such cases, Section 108B of the Penalties and Sentences Act 1992 requires the court to impose a community service order in addition to any other penalty imposed.
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Unlawful wounding is a serious offence that carries a maximum penalty of 7 years’ imprisonment.
However, the actual sentence imposed will depend on many factors, such as:
The circumstances surrounding the offence.
The severity of the injury.
Any prior criminal history of the accused.
In some cases, the court may consider alternative sentencing options, such as a suspended sentence, depending on the circumstances.
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No. Provocation is not a defence to unlawful wounding in Qld. However, self-defence is.
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If you are charged with unlawful wounding, it is important to consider defences. This could include:
Self-defence – you acted to protect yourself or another person from immediate harm, and your actions were proportionate to the threat.
Duress – you were forced to act because of a serious and immediate threat of harm to yourself or someone else, leaving you with no real alternative.
Mental impairment – you were suffering from a significant mental health condition at the time of the offence, which affected your ability to understand what you were doing or that it was wrong.
Unwilled act – the injury happened involuntarily or by accident, and you did not intend to cause harm.
Inability to prove wounding – the prosecution cannot prove that a wound occurred, as the law requires that the true skin was broken and penetrated, not just the surface of the skin.
Mistaken identity – the prosecution cannot prove beyond reasonable doubt that you were the person responsible for the alleged wounding.
Facing serious charges in Qld?
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