Recklessly Causing grievous bodily harm or wounding
The offence of Recklessly causing grevious bodily harm or wounding is found in section 35 of the Crimes Act 1900 (NSW) which deems a person guilty if they have recklessly assaulted another person and in doing so has caused grevious bodily harm.
You could be charged with Recklessly causing grevious bodily harm or wounding if:
- You strike another person with a fist causing permanent or serious disfigurement;
- You infect someone with a grevious bodily disease;
- You assault a woman which causes the destruction of a foetus (other than by approved medical procedure with the consent of the other person)
What must the prosecution prove?
Since this offence is dealt with in the criminal jurisdiction, the burden of proof for establishing this offence rests solely with the Prosecution.
The prosecution must prove the following beyond reasonable doubt:
- That you caused a wound, or inflicted grevious bodily harm upon another person; and
- That the wound or grevious bodily harm was caused by your recklessness.
What is a wound?
What is Grevious Bodily Harm?
The term “grievous bodily harm” refers to exceptionally severe bodily injuries, as clarified in legal precedent such as Swan v The Queen [2016] NSWCCA 79, [57]. These injuries encompass various forms of harm, including but not limited to:
- The termination of a pregnancy, excluding medical procedures, regardless of whether the pregnant woman sustains any additional harm.
- Any permanent or severe disfigurement suffered by the individual.
- Any grievous bodily disease contracted as a result of the incident.
In legal proceedings, determining whether injuries constitute grievous bodily harm or fall under the category of actual bodily harm is often a point of contention and subject to debate.
What are the maximum penalties for this offence?
The maximum penalties for Recklessly causing grevious bodily harm or wounding in NSW is:
- Seven years imprisonment if the assault involves reckless wounding.
- Ten years imprisonment with a standard non-parole period of four years if the assault involves reckless wounding in company.
- Ten years imprisonment with a standard non-parole period of four years if the assault involves reckless grevious bodily harm.
- Fourteen years imprisonment with a standard non-parole period of five years if the assault involves reckless grevious bodily harm in company.
What is Self-Defence?
Self-Defence is a complete defence at law to certain criminal charges. If proven, it will require a verdict of ‘not-guilty’.
The defence is found in section 418 of the Crimes Act 1900 (NSW) which states that you are not criminally responsible for an offence if:
- You believed your conduct was necessary:
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- To defend yourself or another person, or
- To prevent the unlawful deprivation of your liberty or another person’s, or
- To protect your property from being taken, destroyed, damaged or interfered with, or
- To prevent criminal trespass to your land, or remove a person criminally trespassing, and
- Your conduct was a reasonable response in the circumstances as you perceived them.
To rely on self-defence, there must be evidence capable of supporting a reasonable inference that you acted in accordance with the section.
Once self-defence is raised, the prosecution must disprove it ‘beyond reasonable doubt’ if it is unable to do so, you are entitled to an acquittal.
Self-defence is not available where you used force that involved the reckless or intentional infliction of death only to:
- Protect property, or
- Prevent or remove a criminal trespass.
What are your options at Law?
- Negotiate with prosecutors to withdraw or amend the charges.
- Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
- Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
- Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available.
Will I go to Jail?
Upon conviction for this offence, the severity of the penalty imposed varies based on several factors. In the Local Court, an offender can face imprisonment for up to 2 years, while in the District Court, the imprisonment term can extend to 10 or 14 years, especially if the offence is committed in company.
However, it’s crucial to note that the maximum penalty is typically reserved for the most serious offenders, often those with a history of criminal behavior.
Several factors influence the penalty, including the extent of the injuries caused, the level of violence or force employed, and any aggravating circumstances such as if the offence occurred in the victim’s home or in the presence of a minor under 18 years old.
Moreover, the offender’s personal circumstances will also be taken into account during sentencing.
If you agree that you have committed the offence and/or the police are able to establish the offence, it is best to plead guilty at the earliest possible opportunity to receive the maximum discount. The maximum discount available for an early plea of guilty is 25% of the sentence the Court is minded to impose.
Generally, if you are guilty of an offence and would like to avoid a criminal conviction, it is preferable that you enter a plea of guilty at the earliest opportunity.