Grievous bodily harm (GBH) a term frequently encountered in criminal law, refers to intentional and severe physical harm caused to another individual. Generally, this unlawful act involves a permanent injury, such as a broken bone, serious disfigurement, or a wound that requires extensive treatment. Intentional acts of GBH can land you in prison for a long time, as courts consider this offence extremely serious.
The term “grievous bodily harm” is defined differently in each of Australia’s states and territories. Furthermore, the particulars of the offence may also vary depending on the scenario. But generally speaking, it refers to injury that is more serious than regular physical injury. There are many different situations that can result in grievous bodily harm, including but not limited to:
- Physical assault
- Domestic violence
- Vehicular accidents
- Workplace accidents
- Sexual offences
- Medical procedure errors
- Infecting someone with acquired immunodeficiency syndrome (AIDS)
Consider GBH in terms of a domino effect. The harm is directly caused by the defendant’s activities, which set off the chain. However, in order to prove a GBH case, the prosecution must additionally demonstrate that the defendant should have known this negative outcome was a likely.
What Does the Crimes Act Say?
The Crimes Act 1900 (NSW) is a statute of the state of New South Wales, Australia that sets out the criminal laws that apply within the state. The Act provides a comprehensive framework for the definition of criminal offences. Additionally, the Act includes punishment provisions for those who are convicted of the offence. The Crimes Act defines grievous bodily harm as ‘very serious harm’ which includes, but is not limited to:
- Any permanent or serious disfigurement
- The destruction of a foetus other than by a medical procedure
- Any grievous bodily disease
The court considers an offender ‘reckless ’if they foresaw and are aware of the possibility of inflicting harm, but proceeded with their actions anyway. The following factors determine the type of maximum penalty for the alleged offender
- An offender’s actions
- Whether the offender committed the act with another person
- Whether the offender has a previous criminal record
- If the offender demonstrated remors
Section 33 of the Crimes Act defines inflicting bodily harm with intent when the accused commits the following offences:
- Causes serious bodily injury harm to anyone, and
- They intended to inflict serious bodily harm
Section 54 of the Crimes Act also defines negligent grievous bodily harm which is an offence charged if the accused:
- Commits any illegal or negligent act
- Causes grievous bodily harm to any person
Maximum Penalties for Grievous Bodily Harm
The consequences for grievous bodily harm are more severe than those for simple assault. However, the severity determines this category. Severe violence and bodily injury are punishable by law, especially when a GBH charge is motivated by intent. As an alternative, the following fines may apply for inadvertent or careless actions:
1. Conditional Release Order Without Conviction
This order is a type of legal disposition that allows an individual to be free from custody or other restrictions. But what does this mean? It means that the individual has not been convicted of a crime, but they are required to comply with specific conditions. This may include:
- Reporting regularly to a probation officer
- Undergoing drug testing
- Completing community service
The purpose of this type of order is to provide an alternative to imprisonment for low-risk individuals. It also promotes rehabilitation and reintegration into society. The individual’s compliance with the conditions is monitored, and failure to comply can result in a revocation of the release and a return to custody.
2. Intensive Correction Order
An intensive correction order (ICO) is a form of community-based sentence that is used as an alternative to imprisonment. It is a court-ordered sentence that requires the individual to comply with strict conditions. An Intensive Correction Order must also include at least one of the following conditions:
- Home detention.
- Electronic monitoring.
- A curfew
- Community service work of no more than 750 hours.
- Participation in a rehabilitation or treatment program.
- Abstinence from alcohol or drugs or both.
- Non-association with particular people.
- A requirement not to go to a particular place or area.
Maximum Sentences
| Offence | Maximum Sentence |
| Wounding or grievous bodily harm with intent | 25 years |
| Reckless infliction of grievous bodily harm | 10 years |
| Reckless infliction of grievous bodily harm in company | 14 years |
| Causing dog to inflict grievous bodily harm | 10 years |
| Causing grievous bodily harm by unlawful or negligent act | 2 years |
Click here to see more penalties for more particular offences.
Defences for Grievous Bodily Harm
The primary defence against deliberate injury is that the damage is not great enough to qualify as serious injury. The prosecution and defence frequently dispute the extent of the injuries.
Expert witnesses in court proceedings include physicians and specialists. On the other hand, the prosecution and defence may cross-examine these professionals. Another defence against accusations of serious bodily harm is self-defense. However, those accused of causing severe physical harm must demonstrate that they did it because of self defence.
What Must the Prosecution Prove?
- That the alleged offender caused a wound or inflicted severe bodily harm upon another person.
- The wound or severe bodily harm happened due to the alleged offender’s recklessness. For instance, a person shot a gun at a busy highway and hit a driver’s arm. Another instance is setting off fireworks on a sidewalk with many people which may cause burn wounds on pedestrians.
- The alleged offender did the act with the intention of hurting the alleged victim.
Seek Compensation For Grievous Bodily Harm Today
As we have seen, causing severe bodily harm is a very serious criminal offence that constitutes heavy penalties and even imprisonment. JB Solicitors is a law firm that can handle criminal law matters that relate to bodily harm charges.
We can represent clients in court who are victims of assault and physical violence that resulted in considerable injuries. Our team of lawyers stand firmly beside clients wrongly accused of crimes and fights for their complete exoneration. Importantly, we can also represent clients who are victims of GBH.
Contact our experienced criminal lawyers today if you need legal advice regarding criminal law matters.
