Definition Of Bodily Harm Qld
What the law says about grievous bodily harm.
Definition of bodily harm qld. Section 320 of the criminal code queensland states. What the police must prove. The charge of assault occasioning bodily harm in qld asserts that one person has unlawfully assaulted another and caused an injury but that that injury does not amount to grievous bodily harm nor constitute a serious assault. Assault and related charges not only encompass physical injury but also the threat of injury and these charges often carry heavy sentences such as imprisonment community service or weekend detention.
S 320 grievous bodily harm criminal code queensland 1 any person who unlawfully does grievous bodily harm to another is guilty of a crime and is liable to imprisonment for 14 years. Assault occasioning actual bodily harm is a commonly prosecuted offence that involves some actual harm or injury to the victim. Sections 245 1 of the criminal code queensland states. In queensland it is an offence to assault another person and cause grievous bodily harm.
Section 339 of the criminal code of queensland creates the offence of assaults occasioning bodily harm. Offences against the person in the form of assault is one of the more common types of crime committed in queensland. A person who strikes touches or moves or otherwise applies force of any kind to the person of another either directly or indirectly without the other person s consent or with the person s consent if obtained by fraud or who by any bodily act or gesture attempts of. 3 if the offender does bodily harm and.
Elements of the offence. In order for the police to prove their case at court they must prove each of the following matters beyond a reasonable doubt. This charge has a wide scope from cuts and bruises to serious psychological harm. The loss of a distinct part or an organ of the body.
Assaults occasioning bodily harm the law. The injury relied on as constituting grievous bodily harm is. Bodily harm to the complainant. Any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime.
Grievous bodily harm is relevantly defined as. Any person who unlawfully does grievous bodily harm to another is guilty of a crime. It is a more serious offence than a charge of common assault which is reflected in its maximum penalty of 5 years imprisonment. Queensland consolidated acts search this act criminal code 1899 sect 339 assaults occasioning bodily harm 339 assaults occasioning bodily harm 1 any person who unlawfully assaults another and thereby does the other person bodily harm is guilty of a crime and is liable to imprisonment for 7 years.
Any bodily injury of such a nature that if left untreated would endanger or. What the law says about assault occasioning bodily harm. In queensland assault occasioning bodily harm aobh carries a maximum penalty of 7 years imprisonment though fines and other penalties can also be imposed for the offence.