A complainant's goading conduct falling short of the statutory defence of provocation under s 268 of the Criminal Code (Qld) is a material consideration in sentencing for grievous bodily harm under s 320. A sentencing judge's failure to take such conduct into account, where it is supported by unchallenged evidence, constitutes a House v The King error warranting appellate intervention. Where an offender demonstrates a high degree of remorse, has a minimal criminal record, and the offence was immediately preceded by goading conduct, a wholly suspended sentence (or suspension after minimal time served) may be appropriate for grievous bodily harm.
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