VIOLENT OFFENCES QLD

What does the Prosecution have to prove beyond reasonable doubt?

(1) The defendant did grievous bodily harm to the complainant.

(2) The grievous bodily harm was done unlawfully (this means it was not authorised, justified or                   excused at law).

What is grievous bodily harm?

Grievous Bodily Harm is defined as: – 

(1) the loss of a distinct part or an organ of the body; or

(2) serious disfigurement; or

(3) any bodily injury of such a nature 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.

It doesn’t matter if the complainant received treatment for the injury itself. The issue to determine is whether or not the injury itself constitutes grievous bodily harm not taking into account any treatment the complainant receives.

The Law: Section 320 of the Criminal Code (Qld).

Maximum Penalty: 14 years imprisonment.

PLEASE NOTE that: – 

(1) If the defendant is a participant in a criminal organisation and unlawfully does grievous bodily harm      to a police officer who is acting in the execution of the officer’s duty, the defendant must serve a            minimum of 1 year in prison.

(2) If the defendant committed the offence in a public place while the person was adversely affected by      an intoxicating substance then the Court must sentence the person to perform community service in      addition to any other penalty the Court imposes.

What does the Prosecution have to prove beyond reasonable doubt?

(1) The defendant inflicted severe pain or suffering (this can be physical, mental, psychological or              emotional pain or suffering, whether temporary or permanent) on the complainant. The issue of              whether or not the pain or suffering inflicted was severe is a subjective test.

(2) The infliction of the severe pain or suffering (the prosecution must prove an actual, subjective                 intention on the part of the defendant to cause the severe pain or suffering).

(3) The defendant inflicted the severe pain or suffering on the complainant on one or more occasions.

 

The Law: Section 320A of the Criminal Code (Qld).

 

Maximum Penalty: 14 years imprisonment.

 

What does the Prosecution have to prove beyond reasonable doubt?

(1) The defendant wounded the complainant.

(2) The wounding was unlawful (this means it was not authorised, justified or excused at law).

 

What is wounding?

To constitute wounding, the “true skin” of the complainant must be broken. This means the complainant must have suffered an injury that caused the continuity of the whole skin to be broken or penetrated, not just the cuticle or upper skin.

The Law: Section 323 of the Criminal Code (Qld).

 

Maximum Penalty: 7 years imprisonment.

PLEASE NOTE that if the defendant committed the offence in a public place while the defendant was adversely affected by an intoxicating substance then the Court must sentence the defendant to perform community service in addition to any other penalty the Court imposes.