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Grievous bodily harm refers to serious injury to the victim. There are a number of offences in the Crimes Act 1900 (NSW) which involve assault occasioning grievous bodily harm. The Criminal Lawyers at Navado Lawyers & Solicitors are highly experienced in advising clients in relation to offences of assault occasioning grievous bodily harm.

Grievous bodily harm may include the following:

  • The destruction of the foetus of a pregnant woman (other than by medical procedure);
  • Permanent or serious disfiguring of the person; and/or
  • Causing a person to contract a grievous bodily disease.

Offences relating to assault occasioning grievous bodily harm

The Crimes Act 1900 (NSW) contains a number of offences relating to assault occasioning grievous bodily harm. The offences contain similar elements and require grievous bodily harm to be caused.

Some of the offences under the Act and respective maximum penalties are as follows:

  • Wounding or grievous bodily harm with intent – 25 years imprisonment;
  • Reckless bodily harm or wounding – 7 to 14 years imprisonment;
  • Causing dog to inflict grievous bodily harm or actual bodily harm – 5 to 10 years imprisonment;
  • Using poison to endanger life or cause grievous bodily harm – 10 years imprisonment;
  • Offence of failing to stop and assist after vehicle impact causing death or grievous bodily harm – 7 to 10 years imprisonment;
  • Causing grievous bodily harm – 2 years imprisonment; and
  • Death or causing grievous bodily harm under aggravated circumstances – 25 years imprisonment.

If you have been charged with an offence for assault occasioning grievous bodily harm, you should obtain legal advice immediately as the potential penalties are substantial.   Grievous bodily harm is often referred to as “GBH”.  GBH is a serious offence and you should always speak to an experienced GBH lawyer, before you decide to take any action or appear in Court, in relation to a GBH charge or charges.

Intent to cause grievous bodily harm

Offences of assault occasioning grievous bodily harm do not necessarily require intent. For instance, where grievous bodily harm is caused recklessly, intent is not an element of the offence. It is sufficient to prove that the grievous bodily harm was caused due to careless or insensitive actions of the defendant.

Where intent is required, an objective test is used and is based on what an ordinary person would consider the consequences to be if a certain action was carried out. The intent to cause grievous bodily harm can be inferred from the action performed by the defendant. If the defendant was holding a knife in his or her hand and stabs the victim, unless other circumstances exist to say otherwise, an ordinary person would infer that stabbing a knife into another would cause grievous bodily harm. This was the direction given in the case of R v McKnoulty (1995) 77 A Crim R 333 (NSW CCA) and followed by the Courts today.

It is best to obtain legal advice from a qualified Criminal Lawyer as each case can be different and the likely penalties may also vary. Contact our firm to book your initial consultation with a specialist Criminal Lawyer today. Call (02) 9233 4048 or send an email to info@navado.com.au.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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