Wounding or inflicting grievous bodily harm with intent
The offence of Inflicting grievous bodily harm with intent is extremely serious. It carries a maximum penalty of 25 years imprisonment. Although, it is an offence that our criminal lawyers beat time and time again.
Grievous bodily harm is the most serious kind of injury a person can suffer short of death. It includes paraplegia, quadriplegia, and vegetative states. It also includes broken bones, disfigurement, and other permanent injuries.
Intending to inflict grievous bodily harm is not easy to prove. A person who commits the offence must have intended to cause the victim really serious harm. That is the same intent required on a murder charge! Because the charge is so serious, it is not enough that an attacker wanted to hurt the victim and went too far, if the attacker did not intend to seriously harm the victim.
Our criminal lawyers can beat the charge of Wounding or Inflicting grievous bodily harm with intent. They can do this by arguing lack of intent, that the injury is not serious enough to be considered grievous bodily harm and by raising self-defence.
What is the offence of wounding or grievous bodily harm with intent?
Section 33 of The Crimes Act 1900 deals with the offence of wounding or grievous bodily harm with intent.
“Intent to cause grievous bodily harm A person who—
(a) wounds any person, or
(b) 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.
Maximum penalty—Imprisonment for 25 years.”
What is Grievous Bodily Harm?
Grievous bodily harm is a very serious injury that results in permanent disfiguring, the destruction of a foetus or any grievous bodily disease. This would include but is not limited to, broken limbs, serious psychiatric damage, brain injury, permanent disfigurement and anything that is likely to endanger life.
The Crimes Act 1900 (NSW) defines Grievous bodily harm as;
“(a) 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, and
(b) any permanent or serious disfiguring of the person, and
(c) 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).”
While the injury must be very serious to be grievous bodily harm, it doesn’t necessarily have to be permanent or life-threatening. The court is responsible for determining whether the injury falls within the definition of grievous bodily harm or a lesser charge relating to causing actual bodily harm.
In general, grievous bodily harm is the most serious type of injury that can be caused, short of causing death.
Examples of Grievous Bodily Harm
Examples of grievous bodily harm include:
- Jaw and skull fractures
- Serious psychological injury and/or brain damage
- Causing Paraplegia or quadriplegia
- Infecting someone with AIDS
- Stabbings to organs cause life-threatening injuries.
- Facial fractures and lacerations causing permanent disfigurement, surgery, and/or ongoing pain or treatment.
- Causing a pregnant woman to lose her unborn baby or foetus
What’s the difference between Wounding and Grievous Bodily Harm?
The difference between wounding and grievous bodily harm is the type of injury caused.
Wounding is a less serious injury than grievous bodily harm. The only requirement for a wound is that the injury breaks both the interior layer of skin (dermis) and the outer layer of skin (epidermis). Breaking or cutting of just the outer layers/epidermis is not sufficient.
Grievous bodily harm does not require both layers of skin to be cut or broken, although an injury amounting to grievous bodily harm may involve a wound,
Difference between actual bodily harm and grievous bodily harm?
The main difference between actual bodily harm and grievous bodily harm is the severity of the injury. Grievous bodily harm is more serious an injury than actual bodily harm.
Actual bodily harm relates to non-permanent or minor injuries caused due to an assault. This could be bruises, swelling, scratches, or grazes for example. It could also include non-complex arm or leg fractures and minor lacerations.
Grievous bodily harm may include injury that is life-threatening, permanent, requires ongoing treatment or a lengthy recovery period, or causes disfigurement. However, injuries do not need to be life-threatening to or permanent to be considered grievous bodily harm.
Negotiations
There are often overlaps between actual bodily harm, wounding, and grievous bodily harm.
A good defence lawyer will be able to write to the police or Director of Public Prosecutions to have a charge downgraded from grievous bodily harm to actual bodily harm or wounding.
Penalties for wounding or grievous bodily harm with intent?
The maximum penalty for wounding or grievous bodily harm with intent is 25 years imprisonment.
How do I beat a charge of causing grievous bodily harm with intent?
In order to be found guilty of the offence, Police must prove beyond reasonable doubt that there was intent to cause serious bodily harm. You will found not guilty of the offence of Wounding with intent to cause bodily harm if they cannot.
- You wounded any person. Wounding involving the breaking or cutting of the interior layer of the skin (dermis) and the breaking of the outer layer (epidermis) is not sufficient.
- With intent to cause grievous bodily harm to that or any other person. Grievous bodily harm is “really serious harm” and includes:
- The destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm; and
- Any permanent or serious disfiguring of the person; and
- Any grievous bodily disease.
Possible Defences for Grievous Bodily Harm
The main defence for wounding or grievous bodily harm with intent is that the injuries are not serious enough to amount to grievous bodily harm. It is common for the defence and prosecution to argue against one another as to the seriousness of injuries and whether they amount to grievous bodily harm. Frequently experts such as doctors and specialists will be called to give evidence and cross-examined by the defence and prosecution. In the end, it will be up to the court or a jury to decide.
Another defence for grievous bodily harm charges is self-defence. If the defence of self-defence is used, you must be able to satisfy the court that you acted in a way that was necessary to defend yourself and that your actions were reasonable given the circumstances as you perceived them.
Pleading guilty to Wounding with intent to cause grievous bodily harm
If you plead guilty of causing grievous bodily harm with intent we want to get the best result possible for you. We will often negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge, so that you get a lighter sentence.
Inflicting grievous bodily harm with intent carries a maximum penalty of 25 years imprisonment in the District Court. Wounding with intent to cause grievous bodily harm is an extremely serious criminal offence. Contact our office immediately if charged with wounding with intent or causing grievous bodily harm with intent.
You can read more about all the sentencing options that a court has, including not having a conviction recorded.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. Find out more about how to write a good reference.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Wounding with intent to cause grievous bodily harm offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your charge of Wounding with intent to cause grievous bodily harm, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Case study
Australian Criminal law Group represented a man charged with two counts of Wounding with intent to cause grievous bodily harm and one count of assault occasioning actual bodily harm. The defendant stabbed 3 people in a park. He had been assaulted himself just prior to that. After getting him bail in the Supreme Court, we negotiated pleas of guilty to charges of reckless wounding instead of Wounding with intent to cause bodily harm. Sentencing took place in the local court. The magistrate issued an Intensive Correction order without goal time.
Case study
Australian Criminal Law Group represented a young man charged with Wounding with intent to cause bodily harm. He had stabbed his step-father in the neck with a pair of scissors. Criminal lawyer Joe Correy argued that the act was impulsive in response to a domestic argument and that the young man had not intended to seriously harm his stepfather. The police accepted a reckless wounding charge and our client received a good behaviour bond.
Case study
Mr Harb represented a man charged with grievous bodily harm after throwing a glass and striking a police officer during a brawl. Mr Harb was able to negotiate the charge to reckless wounding, a significantly less serious charge. He also presented a strong case on sentence and his client received a good behaviour bond.
Case study
Australian Criminal law Group appealed the sentence of a client who had been originally charged with Wounding with intent to cause grievous bodily harm. In the company of another person he had slashed a person’s face with a box cutter. On appeal, which was to a reckless wounding after negotiations with the DPP, it was argued the act of slashing at the victim was excessive self-defence. The Judge agreed and our client was released from jail that day.