Sections 328 of the Criminal Code Queensland states:

(1) Any person who unlawfully does any act, or omits to do any act which is a person's duty to do, by which act or omission bodily harm is actually caused to any person is guilty of a misdemeanour.

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

1. The accused did an act or omitted to do an act which it was his or her duty to do;

2. by which bodily harm was actually caused to any person; and

3. Such act or omission was unlawful.

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.

Possible defences to this offence include but are not limited to

1. It was not the duty of the accused to do the act or omit to do the act.

2. The accused did not do the act or omit to do the act.

3. The act or the omission of the act did not cause bodily harm to any person.

4. The act or omission of the act was lawful.