Alwyn John Gwilliams is charged with grievous bodily harm at West Mackay

Police alleged he was assaulting another man at West Mackay when a woman involved herself and was thrown down some stairs suffering grievous bodily harm.

A violent criminal accused of seriously assault a woman tried to have the charge quashed.

A violent criminal accused of a serious assault at West Mackay unsuccessfully tried to have the charge quashed.

Alwyn John Gwilliams is facing one count of causing grievous bodily harm to a woman during an incident on July 11, 2020.

Mackay Magistrates Court heard Mr Gwilliams was involved in an alleged assault against another man, when two women tried to step in.

As a result, the women fell down a set of stairs and it is alleged one suffered injuries constituting grievous bodily harm, the court heard.

Mr Gwilliams’s solicitor Erin Beer, of Legal Aid Queensland, made a no case submission over the charge arguing the elements of the offence were not supported.

But Magistrate Damien Dwyer found there was a prima facie case, albeit a weak case, for assault and any argument about fault was “a jury question”.

“I say that there isn’t an unlawful act that can be demonstrated on the evidence,” Ms Beer said.

“The (alleged victim) herself does not describe a direct application of force of any kind.”

Mr Beer argued the evidence and witnesses did not support a grievous bodily harm offence as defined.

But Mr Dwyer said there was “an unlawful act” in Mr Gwilliams’s alleged assault on the other man.

“And they’ve all got involved in it,” Mr Dwyer said.

“And because of this (alleged) assault … the other two got involved … and as a result of that got knocked down, down the stairs.”

Mr Dwyer said a jury may or may not accept Mr Gwilliams’s fault in relation to the alleged incident.

“It does seem to me at least, prima facie, an assault,” Mr Dwyer said, finding it was reasonably foreseeable that anyone involved in the assault could be “pushed out of the way and hurt”.

“It’s up to the jury whether they accept it was an accident or not.”

Mr Gwilliams had been on parole for assault when this alleged offence occurred and, as a result, his parole was revoked.

Seven witness statements from five people including police and a doctor were tendered as part of the police brief of evidence.

Mr Dwyer rejected the no case submission. The case was committed to Mackay District Court.