What is grievous bodily harm (GBH)? Grievous bodily harm refers to any serious or permanent injury caused by an offender to the victim. Examples of grievous bodily harm inflicted include broken bones, internal organ damage, or disfigurement. The Crimes Act 1900 deals with offences relating to GBH, and this article discusses such offences.
What is GBH?
Under Section 4 of the Crimes Act, “grievous bodily harm” means:
- the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019) of the foetus of a pregnant woman, whether or not the woman suffers any other harm,
- any life threatening or serious disfiguring of the person, and
- any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).
Offences Involving Grievous Bodily Harm
The Crimes Act 1900 lists the following GBH offences:
- Grievous bodily harm with intent (Section 33)
- Recklessly causing grievous bodily harm (Section 35)
- Causing grievous bodily harm by unlawful or negligent act (Section 54)
- Causing dog to inflict grievous bodily harm (Section 35A)
Grievous Bodily Harm with Intent
Under Section 33 of the Crimes Act, a person who
- wounds any person, or
- causes grievous bodily harm to any person
with intent to cause grievous bodily harm to that or any other person is guilty of an offence. The penalty for grievous bodily harm with intent is imprisonment for 25 years.
The same Section also provides for the offence of intent to resist arrest in relation to GBH. Under the second paragraph, a person who:
- wounds any person, or
- causes grievous bodily harm to any person
with intent to resist or prevent his or her (or another person’s) lawful arrest or detention is guilty of an offence. The offender faces the same maximum penalty as GBH with intent: 25 years’ imprisonment.
The Section also provides that if the jury finds that the offender is not guilty under this Section, the offender may possibly be found guilty under Section 35 (discussed below) if circumstances warrant a charge for an offence under said Section.
Recklessly Causing Grievous Bodily Harm
Section 35 of the Crimes Act 1900 provides for the offence of recklessly causing grievous bodily harm. A person commits this offence when they:
- Cause grievous bodily harm to any person, and
- Was reckless as to causing grievous bodily harm to that or any other person.
The maximum penalty for this offence is 10 years’ imprisonment. This offence is aggravated when committed in the company of another person or persons. In this case, the maximum penalty imposable would be 14 years’ imprisonment.
Grievous Bodily Harm by Unlawful Act or Negligence
Under Section 54 of the Crimes Act 1900, an offender who, by any unlawful or negligent act, or omission, causes grievous bodily harm to any person, shall be liable to imprisonment for two years.
Causing Dog to Inflict Grievous Bodily Harm
Section 35A of the Crimes Act 1900 contains the offence of causing a dog to inflict grievous bodily harm. Under said Section, a person who:
- has control of a dog,
- does any act that causes the dog to inflict grievous bodily harm on another person, and
- is reckless as to the injury that may be caused to a person by the act
is guilty of an offence. The offender faces a maximum penalty of up to 10 years’ imprisonment.
GBH vs Actual Bodily Harm (ABH)
Grievous bodily harm and actual bodily harm are both offences against a person, but they differ in the level of harm caused and the intensity of effects after the harm done.
Grievous bodily harm is the more serious offence. It involves the infliction of very serious harm or injury. This includes broken bones, internal organ damage, or permanent disfigurement. The offence can be committed with either intent, recklessness, or negligence as to causing serious harm.
On the other hand, actual bodily harm is the less serious offence. It also involves the infliction of injury, but the injury caused is minor and less serious than grievous bodily harm. Examples of injuries caused by this offence include bruising, scratches, or cuts. This criminal offence can also be committed with either intent or recklessness. A serious assault can be described as an “aggravated” common assault.
Level of Intent Between Grievous and Actual Bodily Harm
The level of intent between the two offences also vary. In grievous bodily harm, the prosecution must prove beyond reasonable doubt that the offender did indeed intend to cause serious harm. In actual bodily harm, the prosecution only needs to prove that the defendant intended to cause some harm, but it doesn’t have to be serious harm.
Penalties of Grievous and Actual Bodily Harm
The penalties for these offences also differ, with GBH carrying a heavier penalty. For instance, in causing a dog to inflict harm, the maximum penalty if the physical harm is grievous is 10 years’ imprisonment. If it was actual bodily harm that was committed, the maximum penalty the offender faces is 5 years’ imprisonment.
When determining the appropriate sentence, the Court considers the severity of the injury as well as the level of intent involved. Thus, the key differences between these two offences are the severity of the harm caused, the level of intent to commit the offence, and the maximum penalties imposable under the law.
Seeking Legal Advice
If you are facing charges for GBH, we highly advise you to seek legal services. JB Solicitors has a leading team of expert lawyers with vast experience in Australian Criminal Law. We can help you obtain the best possible outcome for your case.
Our lawyers can discuss possible defences (such as self-defence or level of harm not enough to constitute GBH) that may be raised and any other legal matters of your concern. We can provide legal advice and guide you through your case. We can also provide legal representation as the case may be.
Do you have any more queries on grievous bodily harm? Contact us today.
