Where a person strikes a fleeing person on the head on a footpath in a built-up area, the resulting grievous bodily harm from a fall is not an event occurring 'by accident' within s 23(1)(b) of the Criminal Code 1899 (Qld), as a reasonable person would foresee that grievous bodily harm may result. Provocation remains unavailable as a defence to a charge of doing grievous bodily harm, following Kaporonovski.
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