Grievous Bodily Harm (GBH) Charges & Sentencing in Queensland

If you’ve been charged with grievous bodily harm (GBH) in Queensland, you are facing one of the most serious violent offences under the law. A conviction can result in a lengthy prison sentence and a permanent criminal record.

At Cridland & Hua, we understand how high the stakes are. We act quickly and strategically to protect your rights, challenge the prosecution’s case, and work toward the best possible outcome—whether that means defending the charge entirely or negotiating a lesser offence.

What Is Grievous Bodily Harm?

Grievous bodily harm is defined in Section 320 of the Criminal Code (Qld) as any injury that causes:

  • The loss of a distinct part or organ of the body
  • Serious disfigurement
  • An injury that, if left untreated, would be life-threatening or cause permanent injury

In Queensland, GBH is a criminal offence that applies when someone unlawfully causes this level of injury to another person. The law focuses on the severity and long-term nature of the injury, rather than just immediate harm.

Examples of GBH in Practice

GBH charges may arise in a wide range of situations, such as:

  • Punches or kicks causing broken bones, permanent scarring or facial fractures
  • Stabbings or use of a weapon
  • Group assaults
  • Domestic or interpersonal violence resulting in permanent injury
  • Reckless driving that causes serious injury (sometimes charged as dangerous driving causing GBH)

You can still be charged even if the injury was unintended, as long as the court finds you acted recklessly or without lawful excuse.

What Are the Penalties for GBH in Queensland?

Grievous bodily harm is an indictable offence, meaning it is heard in the District Court and prosecuted by the Office of the Director of Public Prosecutions (DPP).

  • Maximum penalty: 14 years’ imprisonment
  • No legislated minimum sentence, but serious cases often result in actual jail time
  • Aggravated forms (e.g. GBH in company, using a weapon, or in a public place) can result in harsher sentencing outcomes

Sentencing courts consider factors such as:

  • Whether the assault was premeditated or spontaneous
  • The extent and permanence of the injuries
  • The offender’s prior criminal history (if any)
  • Whether a weapon was involved
  • Any signs of remorse or efforts toward rehabilitation

Defences to a GBH Charge

The availability and strength of a defence will depend on the facts of the case, but common legal defences to GBH include:

  • Self-defence: You were defending yourself or someone else, and your response was proportionate
  • Lack of intent or recklessness: You did not intend or foresee serious harm occurring
  • Consent: In some limited contexts (e.g. sporting events), consent may be raised
  • Mistaken identity: You were not the person responsible for the injury
  • No GBH: The injury does not meet the legal definition of grievous bodily harm

At Cridland & Hua, we’ll examine every angle of the police brief—including medical reports, witness accounts, CCTV footage, and communications—to find the right defence strategy for your case.

What Happens If You’re Charged?

If you’re charged with grievous bodily harm in Queensland:

  • You may be arrested and held in custody, or issued with a Notice to Appear
  • Your matter will begin in the Magistrates Court, where bail and brief orders are made
  • It will be referred to the District Court for final determination (plea or trial)
  • You may be provided with a QP9 summary outlining the allegations
  • You’ll need to enter a plea and begin preparing your case

We recommend speaking to a lawyer before saying anything to police, and certainly before entering any plea.

How We Help

At Cridland & Hua, we represent clients facing GBH charges across Queensland. Whether you’ve just been arrested or are preparing for trial, we provide:

  • Legal advice on your rights, options and likely outcomes
  • Case analysis to test the prosecution’s evidence
  • Brief negotiations with prosecutors (to reduce or withdraw charges)
  • Court representation in bail applications, sentencing or jury trials
  • Plea submissions focused on reducing your penalty

We know how to navigate Queensland’s criminal justice system—and we act without judgement.

Charged With GBH? Talk to a Defence Lawyer Today

If you or someone you care about has been charged with grievous bodily harm in Queensland, you don’t have to go through it alone.

Cridland & Hua is here to protect your future. Our team of experienced criminal defence lawyers will provide honest advice and fight for the best outcome—whether that’s defending the charge entirely or minimising your sentence.

📞 Call (07) 3210 0500 or contact us online for a confidential discussion.

     

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