Recklessly Causing Grievous Bodily Harm (GBH) or Wounding – s 35 Crimes Act 1900

What is the crime of Willfully Causing Grievous Bodily Harm (GBH) or Wounding?

Recklessly Causing Grievous Bodily Harm is a crime punishable by up to ten years in prison under Section 35 of the Crimes Act of 1900.

GBH (grievous bodily harm) is defined as "very serious harm" and includes, but is not limited to:

• Any permanent or significant disfigurement
• The killing of a foetus by means other than a medical procedure, and
• Any severe bodily disease

You are 'reckless' if you foresaw the possibility of inflicting GBH, which means you were aware that GBH could be inflicted but proceeded with your actions anyway.

What is the Prosecution required to prove?

The prosecution must prove two things beyond a reasonable doubt before you can be found guilty of recklessly wounding or inflicting grievous bodily harm:

1) That your carelessness caused the wound or serious bodily harm.

The offence of reckless wounding or grievous bodily harm applies when you did not intend to wound another person or inflict grievous bodily harm, but your recklessness resulted in this type of physical injury.

Recklessness refers to situations in which you knew, or should have known, that your actions could cause wounding or grievous bodily harm, but you continued to act anyway, such as when you were carelessly waving a knife around and cut someone, or punching someone and breaking a bone.

2) That you inflicted serious bodily harm or caused a wound on another person.

A wound is commonly defined as an injury that occurs when both layers of skin are broken, such as a deep cut or a split lip.

Grievous bodily harm is defined as "extremely serious harm," which includes permanent and significant disfigurement. Examples include broken bones, organ damage, and the death of a foetus.

What are the Consequences?

The type of penalty that will be imposed in your case is determined by your actions as well as whether they were committed in the workplace.

The court will consider the extent of the injury caused, as well as other factors, such as whether you have a previous criminal record and whether you have demonstrated remorse, in determining the appropriate penalty (whether you have shown that you are sorry).

According to statistics, the most common penalty in cases of recklessly causing great bodily harm is imprisonment (88 percent). The average sentence is 36 months, with an 18-month non-parole period. This means that the average time you will spend in prison is 18 months.

The most common penalty for reckless wounding is imprisonment (55 percent), followed by a suspended sentence (29.8 percent). The average non-parole period was 18 months, with a median term of 30 months.

What are the Countermeasures?

The following are the most common defences to Recklessly Causing Grievous Bodily Harm (GBH) or Wounding:

• Self-Defence
• Duress
• and necessity
• Legal Correction

Your Legal Options

Plea of Not Guilty

The prosecution must prove two factors beyond a reasonable doubt before you can be found guilty of recklessly causing grievous bodily harm or wounding:

• That you inflicted serious bodily harm or injury on another person.
  
• That the wound or grievous bodily harm was caused by your recklessness - that is, you knew or should have known that your actions could cause wounding or grievous bodily harm, but you continued to act anyway.

A wound is a type of injury that occurs when both layers of skin are broken, such as a deep cut or a split lip.

Grievous bodily harm is defined as "extremely serious harm," which includes permanent and severe disfigurement. Examples include broken bones, organ damage, and the death of a foetus.

If you want to plead 'not guilty,' our lawyers can provide you with the best defence possible.

Our expert defence team can also assist you in raising any defences necessary to obtain a 'not guilty' verdict, such as:

• (self-defence) When acting to protect yourself, another person, or your property
• (necessity) When it was absolutely necessary to avoid serious injury or danger
• (duress) Where you were threatened or coerced into injuring or causing serious bodily harm to another person

Accepting Guilty Plea

If you do not want to fight the charges, you should enter a guilty plea as soon as possible. This will demonstrate to the court that you have accepted responsibility for your actions, which may help you obtain a lesser penalty in many cases.

However, before pleading guilty, you should consult with one of our experienced criminal lawyers, who will be able to advise you on any available defences that may result in a 'not guilty' verdict.