GBH Lawyer Cairns — Grievous Bodily Harm — Fixed Fee
$12,000 — Fixed Fee
Grievous bodily harm (GBH) — Cairns District Court plea — from $12,000 Covers : full review of the prosecution brief, conferences with you, negotiations with the Director of Public Prosecutions, sentencing submissions, and all court appearances from committal through to sentence. No hidden fees. One invoice. If your matter is headed to trial, see the District Court Trial page for trial pricing. All fees +10% GST.
- District Court plea — straightforward: $12,000
- District Court plea — complex / multi-count: $15,300
What Is Included
Initial consultation to review your charge, the prosecution brief, and the circumstances of the alleged offence Full review of all prosecution material — medical reports, witness statements, CCTV and body-worn camera footage, forensic evidence Honest advice on the strength of the prosecution case, realistic sentencing exposure, and whether the charge is contestable Assessment of whether the charge can be negotiated down — GBH to wounding, AOBH, or common assault — based on the evidence actually available to the prosecution Negotiations with the Director of Public Prosecutions on charges, the statement of agreed facts, and the basis of plea Preparation of detailed written sentencing submissions tailored to your personal circumstances Guidance on character references and coordination of expert reports — psychological, psychiatric, or medical — where they would assist the court Full appearance at committal, arraignment, and the sentencing hearing Post-sentence advice on the outcome, parole eligibility, and appeal options
Grievous Bodily Harm — The Law
Section 320 — Criminal Code Act 1899 (Qld) Grievous bodily harm is defined in the Criminal Code as: The loss of a distinct part or organ of the body Serious disfigurement 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 The offence under section 320 is unlawfully doing grievous bodily harm to another person. The maximum penalty is 14 years imprisonment . This is one of the most serious assault-related charges in Queensland. It sits above wounding (s 323, max 7 years) and assault occasioning bodily harm (s 339, max 7 years) in the hierarchy of violence offences. Why GBH Must Be Dealt With in the District Court Unlike some assault charges that can be dealt with in the Magistrates Court, GBH must be dealt with in the District Court. Your matter will be committed from the Magistrates Court to the District Court for either trial or sentence. The practical consequence: you are appearing before a District Court judge, not a Magistrate. The sentencing range is wider, the stakes are higher, and the quality of preparation and submissions matters more.
The Assault Escalation Ladder
Understanding where GBH sits in the hierarchy of violence offences is important — because charge negotiations can sometimes move a matter down this ladder: Common assault (s 335) — max 3 years. Dealt with summarily. The broadest assault offence — no injury required. Assault occasioning bodily harm (AOBH) (s 339) — max 7 years. Usually dealt with summarily. Requires bodily harm — bruising, swelling, cuts. Serious assault (s 340) — max 7 years (14 years aggravated). Charged where the victim is a police officer, public officer, corrective services officer, health worker, or other person in a protected category. Wounding (s 323) — max 7 years. Requires a breaking of the skin — a cut, laceration, or penetrating injury. Grievous bodily harm (s 320) — max 14 years. District Court only. Requires serious injury as defined above. One of the first things Sacha assesses is whether the injury evidence actually supports the GBH charge — or whether the evidence is more consistent with a lesser charge. Medical reports and the specific nature of the injuries are examined carefully. Where the prosecution has over-charged, Sacha pursues a reduction before the matter reaches the District Court.
Charge Negotiations and the DPP
Once a GBH matter is committed to the District Court, the file moves from Queensland Police Prosecutions to the Office of the Director of Public Prosecutions (DPP). The DPP is an independent prosecution authority — and in practice, the DPP exercises a greater degree of independent judgment on the charges than police prosecutors do at the Magistrates Court level. This creates an opportunity. Where the medical evidence does not clearly support the GBH threshold — or where the circumstances of the offending are less serious than the charge suggests — the DPP may agree to: Reduce the charge from GBH to wounding or AOBH Amend the statement of agreed facts to reflect a less serious version of events Withdraw some counts in exchange for a plea to a representative charge These negotiations are not guaranteed to succeed, but they are always pursued where the evidence supports them. The difference between being sentenced for GBH and being sentenced for AOBH can be the difference between imprisonment and a non-custodial outcome.
Sentencing for GBH in Queensland
GBH carries a maximum penalty of 14 years imprisonment. The actual sentence depends on the nature of the injury, the circumstances of the offending, your criminal history, and the mitigating material placed before the court. For first offenders with genuine mitigating circumstances, non-custodial outcomes or suspended sentences are possible — but they require strong submissions and well-prepared supporting material. The court expects to see evidence of remorse, rehabilitation, and an understanding of the impact of the offending. For offenders with prior violence convictions, or where the injuries are at the serious end of the GBH spectrum, immediate imprisonment is the most likely outcome. Sacha will give you an honest assessment of where your matter sits at the first conference — not an optimistic one. Where the matter involves domestic violence, the sentencing court will also consider the domestic violence provisions — including the mandatory consideration of a domestic violence order and the impact on the complainant. These matters are treated with particular seriousness.
FREQUENTLY ASKED QUESTIONS
Can GBH be dealt with in the Magistrates Court? No. GBH is too serious to be dealt with in the Magistrates Court. It must proceed in the District Court. What is the difference between GBH and wounding? Wounding requires a breaking of the skin — a cut, laceration, or penetrating injury. GBH requires a more serious level of injury: loss of a body part, serious disfigurement, or an injury that endangers life or causes permanent harm. A stab wound that breaks the skin is wounding. A stab wound that perforates an organ is GBH. The distinction often comes down to the medical evidence. Can a GBH charge be reduced? Sometimes. If the medical evidence does not clearly establish the GBH threshold, the charge may be negotiable to wounding or AOBH. This is assessed after a full review of the prosecution brief — particularly the medical reports and the nature of the injuries. Sacha will tell you at the first consultation whether a reduction is realistic on the evidence. Do I need a barrister for a GBH matter? For a plea, Sacha typically appears as sole advocate. For a trial, the decision about whether to brief a barrister depends on the length and complexity of the trial. See the District Court Plea page for a full explanation of how barrister fees work. What if I acted in self-defence? Self-defence is a complete defence to GBH. If you were defending yourself or another person and the force you used was reasonably necessary in the circumstances as you perceived them, you may have a defence. The strength of the argument depends on the evidence — CCTV, witness accounts, the nature of the injuries to both parties, and the threat you were facing. Sacha will assess this honestly at the first consultation. What is the likely sentence for a first offender? There is no standard answer. It depends on the injury, the circumstances, and the mitigating material. First offenders with strong mitigating circumstances — genuine remorse, no prior violence, strong employment history, psychological insight — can receive suspended sentences or community-based orders. First offenders with serious injuries or aggravating circumstances may receive immediate imprisonment. Sacha will give you a realistic range at the first conference.