Drug Trafficking Lawyers - Queensland

Drug Trafficking

Section 5 Drugs Misuse Act (Qld)

Get informed about the law, defences, and penalties in Queensland

Drug trafficking, or ‘trafficking in dangerous drugs’ as the offence is described in Queensland, is a serious criminal offence. Trafficking in dangerous drugs is generally punishable by actual imprisonment, although other penalties are possible. In Queensland, the maximum penalty for carrying on the business of unlawful trafficking is 25 years’ imprisonment.

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Drug Trafficking

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Drug Trafficking

Anderson Legal defends individuals facing criminal allegations relating to violent offences and misconduct.

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Trafficking in a Dangerous Drug

Before you can properly defend yourself against an allegation of any kind, you need to understand it.
This section deals with the following:
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Trafficking in a Dangerous Drug

Before you can properly defend yourself against an allegation of any kind, you need to understand it.
This section deals with the following:
Criminal Defence Image

Queensland Law

Section 5 Drugs Misuse Act (Qld)

Section 5 of the Drugs Misuse Act (Qld) makes trafficking in dangerous drugs an offence in Queensland. The law states:

Trafficking in dangerous drugs

(1) A person who carries on the business of unlawfully trafficking in a dangerous drug is guilty of a crime. Maximum penalty—25 years imprisonment.

(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.

(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

Section 161Q of the Penalties and Sentences Act 1992 refers to the ‘serious organised crime circumstance of aggravation’, which mandates a significant mandatory minimum imprisonment in addition to any other penalty. It targets people who commit a drug trafficking offence in association with being a participant of a criminal organisation.

Relevant Definitions

Definition: Unlawfully

The meaning of the word ‘unlawfully’ is defined in section 4 of the Drugs Misuse Act (Qld):

unlawfully means without authorisation, justification or excuse by law.

Definition: Dangerous Drug

Section 4 of the Drugs Misuse Act (Qld) defines ‘dangerous drug’ to mean:

dangerous drug means—

(a) a thing stated in the Drugs Misuse Regulation 1987, schedule 1 or 2; or

(b) any part of a plant that is a thing stated in the Drugs Misuse Regulation 1987, schedule 1 or 2; or

(c) a derivative or stereo-isomer of a thing mentioned in paragraph (a) or (b); or

(d) a salt of a thing mentioned in any of paragraphs (a) to (c); or

(e) an analogue of a thing mentioned in any of paragraphs (a) to (d); or

(f) a thing that has, or is intended to have, a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e); or

Note— See also section 4BA for when a thing is intended to have a pharmacological effect of a thing mentioned in any of paragraphs (a) to (e).

(g) a thing mentioned in any of paragraphs (a) to (f) that is contained in—

(i) a natural substance; or

(ii) a preparation, solution or admixture.

Meaning of ‘carrying on the business of unlawfully trafficking’

The term ‘carrying on the business of unlawfully trafficking’ is not defined in the Drugs Misuse Act (Qld). As such, to understand the meaning it is important to understand how courts have interpreted it. In R v Elhusseini [1988] 2 Qd R 442, the word ‘trafficking’ was stated to mean “knowingly engaging in the movement of drugs from source to ultimate user”. To that end, it is possible to be knowingly engaged in the movement of drugs from source to ultimate user without “carrying on the business” of trafficking. For instance, a person may supply a dangerous drug to another person without it being classified as carrying on the business of trafficking. For that reason, proof that a person was “carrying on the business” of trafficking is critical to proof of the charge. In R v Elhusseini [1988] 2 Qd R 442, it was stated with respect to the term “carrying on the business”:

Carrying on business, particularly where the subject matter of that business is goods or services, usually involves a series of activities, such as advertising or promoting the “product” by communicating with prospective buyers; setting up lines of supply; negotiating prices and terms of supply and payment; soliciting and receiving orders, arranging for places and times of delivery, and so on. Such activities are the res acta or res gestae of business and the indicia of its carrying on. Invariably they involve conversations because it is scarcely possible to carry on business without communication of some kind. Evidence of the content of such conversation is, however, admitted not to prove the truth of the matter communicated but rather to establish the fact that it was said or stated. It may on occasions be positively untrue, as where a false representation is made concerning the quality of goods to be supplied. Misrepresentations are, regrettably, a not infrequent concomitant of some businesses; but they none the less form part of its carrying on. Such and other statements, conversations and communications, as well as associated physical acts or conduct, are admitted as original evidence of the carrying on of business.

Drug Trafficking: Elements

For every criminal charge in Queensland, there are ‘elements’ that the prosecution must prove beyond reasonable doubt. Failure to prove just one element means the person charged must be found not guilty. Sometimes there will be an alternative offence that a person may then be found guilty of instead if proof of the primary charge fails.

For a drug trafficking case in Queensland, the prosecution sets out to prove that (1) the person charged (2) carried on the business of (3) unlawfully (4) trafficking in a (5) dangerous drug. Whether one or more of these elements is a real issue in a trial will depend on the circumstances of the case. For instance, a prosecution case based only on intercepted communications may involve no question of identity, but it may be disputed that any conversations concerned drugs. In other cases, there may be no dispute that there is evidence of drug trafficking, however the person charged disputes that they were involved in carrying on the business, if at all.

One matter the prosecution does not need to prove is the particular dangerous drug in respect of which the offence is alleged to have been committed. Section 129(1)(b) allows a person to be convicted as charged provided there is sufficient proof that “the thing to which the charge relates was at the material time a dangerous drug”. This allows the police and prosecutors to bring drug trafficking cases on circumstantial evidence alone without the need to specify that the trafficking concerned ‘heroin’, ‘methylamphetamine’, ‘cannabis’, or some other dangerous drug.

In cases where multiple defendants are charged, Queensland law makes it possible for more than one person to be found guilty of the same offence. For instance, a person may be found guilty if they aided or encouraged another person in an offence of trafficking in dangerous drugs.

In reviewing an individual case, the work of a criminal lawyer often begins with a careful analysis of the evidence to determine the strengths and weaknesses of the prosecution case and, in particular, its ability to prove each element of the offence.

Possible Defences

The ‘presumption of innocence’

When people think about a ‘defence’ to a charge, such as trafficking in a dangerous drug, they are generally thinking about what makes them ‘not guilty’ of the offence. However, it is for the prosecution to prove they are guilty – and to do so beyond a reasonable doubt. The presumption of innocence means that the defendant carries no onus of proof. What that means in practical terms is that it is for the prosecution to disprove any defences raised on the evidence.

For drug trafficking charges, the prosecution must not only prove the elements of the offence beyond reasonable doubt, it must also disprove all defences that may apply beyond reasonable doubt. However, as is outlined below, the Drugs Misuse Act (Qld) does create some modifications as to the onus of proof for some defences, which can impact how a particular defence may be established.

How are defences raised on the evidence?

A defence may be raised on the evidence of both the prosecution and the defence. That is, people who give witness statements to police may indicate that an event occurred accidentally, or a person appeared to act in self-defence. Generally speaking, the prosecution have an obligation to call all material witnesses at a trial – even those unfavourable to its case. Alternatively, a person charged with an offence may also call their own witnesses at a trial, which may provide the basis for a defence to be raised.

One of the important roles of a criminal lawyer is to identify, as early as possible, the relevant defences that may apply in a given case. The reason it is important to do it as early as possible is to ensure relevant witnesses are found while matters are freshest in their mind, or to prevent other evidence being lost or destroyed.

Common defences for ‘trafficking in a dangerous drug’

The law requires the prosecution to prove that the charge was committed ‘unlawfully’. That means if the prosecution cannot disprove the act or omission was authorised, justified or excused by law, the person charged must be found not guilty.

Some defences available under the Criminal Code (Qld) do not apply to drug trafficking, and others, such as compulsion or extraordinary emergency, may only arise in exceptional circumstances. A common issue in cases involving drug charges is whether the person charged had an honest and reasonable but mistaken fact about the thing found in their possession. Such issues possibly give rise to a defence of ‘mistake of fact’ under section 24 of the Criminal Code (noting that defence is qualified by s. 129(1)(d) of the Drugs Misuse Act). The Queensland Court of Appeal in R v Duong [2015] QCA 170 determined that for a mistake of fact defence to apply, it cannot be a belief that the person charged was simply dealing with a different, potentially less serious form of, dangerous drug. That is, it is only if a person establishes a belief that they were not in possession of any dangerous drug that they may be acquitted due to a defence of ‘mistake of fact’.

Amongst the most important advice a lawyer can provide is whether or not a defence applies to an individual case. In some cases, multiple defences may apply. In others, no defence may be considered viable. Certain defences cannot operate together. For this reason, anybody facing a charge of drug trafficking should seek early, authoritative advice from an experienced criminal lawyer to understand their legal position.

Possible Penalties

Maximum Penalty

The maximum penalty for trafficking in dangerous drugs in Queensland is 25 years’ imprisonment.

Minimum Penalty

While many offences under Queensland law do not carry mandatory minimum sentences, drug trafficking does when a person is convicted of the following circumstance of aggravation:

  1. When a person is convicted of committing the offence and the serious organised crime circumstance of aggravation applies, 7 years’ imprisonment is automatically imposed cumulatively on the sentence the court decides. The 7 years’ imprisonment must be served wholly in prison, on top of whatever other penalty is set by the court.

Sentencing in Queensland

For a charge of trafficking in a dangerous drug, the Penalties and Sentences Act 1992 (Qld) sets out a range of relevant sentencing considerations. For a drug offence, the law states that the court must have regard to the following considerations:

(a) principles that—

(i) a sentence of imprisonment should only be imposed as a last resort; and

(ii) a sentence that allows the offender to stay in the community is preferable; and

(b) the maximum and any minimum penalty prescribed for the offence; and

(c) the nature of the offence and how serious the offence was, including—

(i) any physical, mental or emotional harm done to a victim, including harm mentioned in information relating to the victim given to the court under section 179K; and

(ii) the effect of the offence on any child under 16 years who may have been directly exposed to, or a witness to, the offence; and

(d) the extent to which the offender is to blame for the offence; and

(e) any damage, injury or loss caused by the offender; and

(f) the offender’s character, age and intellectual capacity; and

(g) the presence of any aggravating or mitigating factor concerning the offender; and (ga) without limiting paragraph (g), whether the offender was a participant in a criminal organisation—

(i) at the time the offence was committed; or

(ii) at any time during the course of the commission of the offence; and

(h) the prevalence of the offence; and

(i) how much assistance the offender gave to law enforcement agencies in the investigation of the offence or other offences; and

(j) time spent in custody by the offender for the offence before being sentenced; and

(k) sentences imposed on, and served by, the offender in another State or a Territory for an offence committed at, or about the same time, as the offence with which the court is dealing; and

(l) sentences already imposed on the offender that have not been served; and

(m) sentences that the offender is liable to serve because of the revocation of orders made under this or another Act for contraventions of conditions by the offender; and

(n) if the offender is the subject of a community based order—the offender’s compliance with the order as disclosed in an oral or written report given by an authorised corrective services officer; and

(o) if the offender is on bail and is required under the offender’s undertaking to attend a rehabilitation, treatment or other intervention program or course—the offender’s successful completion of the program or course; and

(p) if the offender is an Aboriginal or Torres Strait Islander person—any submissions made by a representative of the community justice group in the offender’s community that are relevant to sentencing the offender, including, for example—

(i) the offender’s relationship to the offender’s community; or

(ii) any cultural considerations; or

(iii) any considerations relating to programs and services established for offenders in which the community justice group participates; and

(q) anything else prescribed by this Act to which the court must have regard; and

(r) any other relevant circumstance.

Due to the number of issues that can aggravate or mitigate the punishment imposed by a court, experience shows that the earlier a person facing a charge obtains sound advice from an experienced lawyer, the better their chance of securing the best outcome possible for their situation.

Possible Outcomes

Leaving aside any mandatory minimum penalties that may apply, punishment for drug trafficking charges generally involve sentences of imprisonment. In some cases, immediate parole or a full suspension of imprisonment may be possible. In other cases, a person may see the offence deemed a ‘serious violent offence’ by the court, which mandates an offender serve 80% of the imprisonment before they are eligible for release.

In R v Bradforth [2003] QCA 183, the major determinants of sentencing outcomes were summarised at paragraph [29]:

Major determinants of penalty in trafficking cases include the type of drugs supplied, the quantity of the drugs, their value, the nature of the venture or undertaking, and whether the activities are commercial or are engaged in to feed a habit. In all cases, however, regard must be had to the maximum penalties imposed by statute and the recognition by the Legislature and the courts that the purveying of drugs of the nature of those under consideration, however motivated, has the potential to cause much individual suffering, as well as social harm and decay.

In some cases, a charge of trafficking in dangerous drugs may be substituted for, or charged in addition to, other drug offences. The prosecution may determine that a less serious charge may be appropriate, based on the evidence. Related drug offences include:

Expert Criminal Defence

Although based in Brisbane, Anderson Legal is frequently engaged to defend people facing criminal allegations across Queensland. If you are dealing with an allegation relating to trafficking in dangerous drugs and need advice and representation, Anderson Legal offers comprehensive criminal defence services for its clients. This includes:

  • providing advice relating to allegations made or documents served on our clients;
  • identifying the strengths and weaknesses of the case alleged against our clients;
  • advising clients on options relating to obtaining evidence, including expert evidence;
  • communicating on behalf of its clients with police, courts, and others;
  • resolving, where appropriate, criminal charges through negotiation;
  • representing clients in trials and setnences before all courts; and,
  • filing and litigating appeals against wrongful convictions and unjust sentences.

This firm places an emphasis on providing clear guidance so that our clients are placed in a real position to make informed decisions about their options and their preferred path forward. Anderson Legal provides clear, transparent disclosure of its legal costs at every stage.

  • Andrew Anderson, Legal Director, is an award-winning lawyer who has been independently described by the Courier Mail as “one of the best legal minds” and a “leading corporate and white-collar crime lawyer” (16 December 2021).
  • Having successfully represented litigants in the High Court of Australia, Queensland Court of Appeal, Royal Commissions, and multiple other courts dealing with trials and other hearings, Andrew Anderson has a demonstrated record of success in complex and difficult cases.
  • Prior to operating a law firm, Andrew Anderson worked as a Principal Crown Prosecutor in Queensland and barrister in private practice at 8 Petrie Terrace Chambers in Brisbane. His depth of courtroom advocacy experience ranges from straightforward cases right through to complex homicide trials and appeals.
  • Anderson Legal is a law firm that is dedicated to the best ideals of the legal profession. Seeking to exceed client expectations and fighting for justice is an everyday pursuit.

Limitations on general information

Each legal issue is unique. The information on this page and website cannot – and is not meant to – substitute legal consultation. It is designed to outline information of a general nature if you want to learn more about drug trafficking charges, particularly as it relates to anybody facing an issue of this kind in Queensland. Anybody dealing with a drug trafficking charge ought to obtain expert legal advice and guidance as soon as possible.

No content accessible on the website is created to provide specific legal answers or advice. It is designed to provide general information about legal matters and related concepts. It should not be used as, or in substitute of, your own legal advice or other advice as appropriate.

To the extent allowed by law, no warranty, condition, or guarantee is provided in relation to the accuracy or reliability of any information contained on this site. Content may be changed from time to time without notice.

If you face a charge of trafficking in a dangerous drug, contact Anderson Legal. This firm provides expert advice and representation for people needing assistance to defend themselves against unjust accusations.

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On-Demand Resources

View below the on-demand resources of this firm.

On-Demand Resources

View below the on-demand resources of this firm.
On-Demand Resources

On-Demand Resources

Jury TrialsThe Jury Act 1995 (Qld) and Criminal Code 1899 (Qld) set out a range of important procedures relevant to jury trials in Queensland. Having an understanding of jury trial procedures can assist defendants, witnesses and others to know what may occur during a criminal trial.Viewcourt-processestrials-sentences
Sentencing HearingsIn Queensland, the Penalties and Sentences Act 1992 (Qld) sets out a range of sentencing guidelines, possible punishments and procedures relevant to sentencing hearings. Understanding the issues that are relevant to sentencing hearings and what influences outcomes is essential to avoiding unjust penalties and results.Viewcourt-processestrials-sentences
Evidence DisclosureIt is a fundamental to a fair trial that an accused person knows the particulars of the charge they face as well as the potential witnesses and evidence. Evidence disclosure is an essential part of the criminal justice system. Failure to disclose critical evidence can lead to miscarriages of justice, resulting in convictions being quashed.Viewcourt-processesevidence
Criminal AppealsA criminal appeal allows a person to appeal against their conviction or appeal against the severity of their sentence, in an attempt to overturn the result. Appeals often involve complex questions of law or fact. Unlike when the prosecution bears the onus of proof at trial, on appeal, the appellant must demonstrate error.Viewcourt-processescriminal-appeals
Police Seizure of EvidenceThe Police Powers and Responsibilities Act 2000 (Qld) sets out the powers of police to retain, return, and forfeit property that is seized. Important rights exist for individuals and businesses to access seized property, as well as to seek its return through applications and court orders to lessen inconvenience and disruption.Viewpolice-investigationspolice-powers
Cooperating with PoliceSuspects in police investigations are often faced with a choice as to whether to cooperate with the police to any degree. Cooperation with law enforcement agencies can take many forms - it may be minimal and do little to assist the investigation or can involve extensive cooperation or ‘a deal’ that results in a significantly lighter sentence.Viewpolice-investigationscooperating-with-police
The Right to SilenceIn Queensland, the right to silence is recognised as important but it is not an absolute right. While often relevant to police suspects facing questioning, in some situations it can be an offence to not answer questions of a person in authority. In rare cases, unfavourable inferences may be drawn because a defendant remains silent.Viewpolice-investigationscooperating-with-police
WHSQ – Coercive PowersInspectors with Work Health and Safety Queensland (WHSQ) have powers that allow them to compel people to provide information and access to documents and other records, which they may seize. They may also compel people to answer their questions. Getting advice can be crucial to understanding your rights and obligations.Viewcoercive-investigations whswork-health-safety-queensland
CCC – Coercive PowersThe Crime and Corruption Commission (CCC) is an independent agency in Queensland that has responsibility for combating major crime and corruption in Queensland. It has powers of surveillance, investigation and the use of coercive powers to gather intelligence, undertake investigations and manage enforcement proceedings.Viewcoercive-investigations corporate-crimecrime-corruption-commission
ASIC – Coercive PowersThe Australian Securities and Investments Commission (ASIC) has coercive powers to compel the production of documents or other evidence relevant to an investigation. The powers are broad and non-compliance can have criminal consequences. Evidence obtained through such investigations may be used later in court proceedings.Viewcoercive-investigations corporate-crimeaustralian-securities-investments-commission
ACIC – Coercive PowersThe Australian Criminal Intelligence Commission (ACIC), still also referred to as the Australian Crime Commission (ACC), conducts secretive operations and investigations into serious criminal activity. It has the power to compel individuals to participate in examinations and to serve notices to produce documents and other information.Viewcoercive-investigations corporate-crimeaustralian-criminal-intelligence-commission
Industrial ManslaughterIndustrial manslaughter is a relatively new criminal offence in Queensland, having commenced on 23 October 2017. It targets business operators and senior officers in corporations who, through negligence, cause the death of a worker the course of carrying out their work. The maximum penalty is up to 20 years imprisonment.Viewcriminal-offences whshomicide-offences penalties-prosecutions
Unlawful Striking Causing DeathIn Queensland, punishment for unlawful striking causing death carries a maximum penalty of life imprisonment. Introduced to target the prevalence of 'coward punch' deaths, it removes what were common defences in cases where it is alleged the person killed was struck to the head or neck.Viewcriminal-offenceshomicide-offences
ManslaughterManslaughter may be proved in a number of ways, such as by criminal negligence or a deliberate act. An unlawful killing that does not meet the definition of murder may be deemed manslaughter. In Queensland, punishment for manslaughter carries a maximum penalty of life imprisonment.Viewcriminal-offenceshomicide-offences
Proceeds of CrimeProceeds of crime offences exist to make it unlawful to receive or possess property that is tainted by crime. While proceeds of crime laws are often used in relation to drug offences, their reach under the Criminal Proceeds Confiscation Act 2002 (Qld) and Proceeds of Crime Act 2002 (Cth) covers all types of serious criminal offences.Viewcriminal-offencesfraud-and-financial-crimes
FraudFraud is a serious criminal offence in Queensland, which may be punishable by actual imprisonment. The essential element of the charge is proof of 'dishonesty', which requires the prosecution to prove that what a defendant did was dishonest by the standards of ordinary honest people.Viewcriminal-offencesfraud-and-financial-crimes
ExtortionExtortion is a serious criminal offence, which may be punishable by actual imprisonment. While it is most commonly charged when threats of violence are used to blackmail a person to hand over property, other forms of coercion or intimidation can give rise to the offence of extortion in Queensland.Viewcriminal-offencesfraud-and-financial-crimes violent-offences
Centrelink FraudCentrelink fraud (sometimes referred to as 'Welfare Fraud' or 'Social Security Fraud') is regarded as a serious criminal offence in Australia, which is punishable by actual imprisonment. There are a number of different charges that may apply under the Commonwealth Criminal Code for cases of this kind.Viewcriminal-offencesfraud-and-financial-crimes
Drug Importation OffencesDrug importation offences under the Commonwealth Criminal Code can attract some of the highest penalties for drug offences in Australia, which generally reflects the commercial and coordinated efforts involved in such offences. The maximum penalty for importing a commercial quantity of border controlled drugs is life imprisonment.Viewcriminal-offencesdrug-offences
Possessing Dangerous DrugsFor a drug possession case in Queensland, the prosecution sets out to prove that (1) the person charged (2) unlawfully (4) possessed (5) a dangerous drug. Penalties vary considerably, from drug diversion orders in minor cases through to lengthy terms of imprisonment for serious cases of possessing dangerous drugs.Viewcriminal-offencesdrug-offences
Producing Dangerous DrugsProducing dangerous drugs is a serious criminal offence in Queensland. The definition of the word 'produce' in the Drugs Misuse Act (Qld) is extremely broad and allows individuals to be charged with producing a dangerous drug even though there may never be any dangerous drugs actually produced.Viewcriminal-offencesdrug-offences
Supplying Dangerous DrugsSupply dangerous drug charges a serious criminal offences in Queensland, which can be punishable by imprisonment. The definition of 'supply' in the Drugs Misuse Act (Qld) is extremely broad and allows individuals to be charged with supplying a dangerous drug even though there may never be a transaction or actual exchange of drugs.Viewcriminal-offencesdrug-offences
Drug TraffickingFor a drug trafficking case in Queensland, the prosecution sets out to prove that (1) the person charged (2) carried on the business of (3) unlawfully (4) trafficking in a (5) dangerous drug. In Queensland, the maximum penalty for carrying on the business of unlawful trafficking is 25 years' imprisonment.Viewcriminal-offencesdrug-offences
Attempted MurderFor an attempted murder case, the prosecution sets out to prove that the person charged unlawfully attacked or did something to another person with the intention of killing them, using means capable of doing so, but without death resulting. In Queensland, the maximum penalty for attempted murder is life imprisonment.Viewcriminal-offenceshomicide-offences violent-offences
Serious AssaultSerious assault is an offence in Queensland that is commonly charged when police officers are allegedly assaulted in the execution of their duties, the offence is also charged in other circumstances, such as in cases of assaults of elderly people or working corrective services officers.Viewcriminal-offencesviolent-offences
Grievous Bodily HarmIn Queensland, grievous bodily harm is an offence under section 320 of the Criminal Code 1899 (Qld). Suffering life threatening or permanent injuries are examples of grievous bodily harm. The offence is punishable by up to 14 years imprisonment and may be deemed a 'serious violent offence'.Viewcriminal-offencesviolent-offences
Common AssaultCommon assault is a criminal offence, which relates to the unlawful application of force, or threatened application of force in some circumstances, without consent. An assault is unlawful when it is not authorised, justified or excused. In Queensland, the offence of common assault has a maximum penalty of 3 years imprisonment.Viewcriminal-offencesviolent-offences
Unlawful WoundingUnlawful wounding is a serious criminal offence, often punishable by actual imprisonment. The word 'wounding' refers to a break of the true skin, often by a sharp object. A wound may be caused in any number of ways, such as by a knife or a bottle. The maximum penalty is 7 years imprisonment.Viewcriminal-offencesviolent-offences
Assault Occasioning Bodily HarmAssault occasioning bodily harm requires proof of an unlawful assault that caused bodily harm. The term 'bodily harm' refers to any bodily injury that interferes with health or comfort. The maximum penalty is 7 years' imprisonment, although if a circumstance of aggravation applies, it rises to a maximum of 10 years' imprisonment.Viewcriminal-offencesviolent-offences
Malicious Act With IntentMalicious act with intent is a serious criminal offence, generally punishable by actual imprisonment. In Queensland, it generally is charged in cases in which a serious injury has been caused by someone who intended to cause such a result. The maximum penalty for a charge of malicious act with intent is life imprisonment.Viewcriminal-offencesviolent-offences
MurderThere are multiple definitions of what constitutes murder in Queensland, including murder by intentional harm or through ‘reckless indifference’. In Queensland, punishment for murder carries mandatory life imprisonment with a current minimum non-parole period of at least 20 years imprisonment.Viewcriminal-offenceshomicide-offences

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