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Unlawful Wounding

What the law says about Unlawful Wounding

Sections 323 of the Criminal Code Queensland states:

Any person who

  • unlawfully wounds another; or
  • unlawfully, and with intent to jnjure or annoy any person, causes any poison or other noxious thing to be administered to, or taken by, any person;

is guilty of a misdemeanour.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

The accused;

  1. Wounded the complainant.

    (a) In order to constitute a wound the true skin must be broken and penetrated, not merely the cuticle or outer skin.

  2. That the wounding was unlawful.

    (b) The accused caused any poison or other noxious thing to be administered to or taken by, any person with intent to injure or annoy any person.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Unlawful Wounding is 7 years imprisonment.

Which court will hear the matter

This matter is indictable which means it is dealt with in the District Court.

Possible defences

Possible defences to this offence include but are not limited to

Section (1)(a)

  1. The complainant was not wounded
  2. Identification i.e. it was not the accused
  3. Self Defence
  4. Defence of another
  5. Insanity
  6. Accident

Section (1) (b)

  1. The substance administered was not harmful
  2. Accident
  3. Identification i.e. Not the accused.
  4. Insanity

The Criminal Lawyers at Potts Lawyers have experience in a broad range of Violent Offences, including cases of Unlawful Wounding. If you have been charged with Unlawful Wounding contact us for quality advice and representation.

 

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