Barsha Defence Lawyers

Book FREE Consultation

Causing Grievous Bodily Harm or Wounding With Intent

Assault offences

The offence of Causing grevious bodily harm or wounding with intent is found in section 33 of the Crimes Act 1900 (NSW) which deems a person guilty if they intentionally cause grevious bodily harm or wounding to another person. 

Wounding With Intent in NSW

In New South Wales, causing a Grevious bodily harm with the intention of inflicting grievous bodily harm (GBH) is a serious offence under Section 33 of the Crimes Act 1900. Wounding refers to any action that results in a break in the skin, such as a cut or gash. GBH encompasses severe injuries that may lead to permanent or serious disfigurement.

An individual can face charges for this offence if they intentionally cause a wound, with the intent to cause harm so severe that it constitutes grievous bodily harm. The maximum penalty for this offence is 25 years imprisonment.

There’s also a lesser charge known as reckless wounding, where the accused doesn’t necessarily have the intention to cause GBH.

It’s important to understand the legal implications and potential consequences of such charges. If you’re facing allegations related to wounding with intent, seek legal advice promptly to protect your rights and explore your legal options.

You could be charged with Causing grevious bodily harm or wounding with intent if:

  1. You strike another person with a fist causing jaw or skull fracture;
  2. You infect someone with a grevious bodily disease such as AIDS;
  3. You assault a woman which causes the destruction of a foetus (other than by approved medical procedure with the consent of the other person);
  4. Causing a person paraplegia or quadriplegia.

What is Wounding?

The offence of wounding with intent is outlined in section 33 of the Crimes Act 1900. In New South Wales, causing a wound with the intent to inflict grievous bodily harm constitutes a serious offence. “Wounding” refers to causing a break in the skin that results in injury, such as a cut or gash. Grievous bodily harm (GBH) encompasses severe injuries leading to permanent or serious disfigurement.
 
To be charged with this offence, one must not only cause a wound but also possess the intention to cause such serious harm that it amounts to grievous bodily harm. The maximum penalty for this offence is 25 years imprisonment.

Alternatively, the charge of reckless wounding does not necessitate the accused to have had the specific intention to cause GBH.

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 intentionally.

What is a wound?

A wound is generally defined as an injury that results when both layers of the skin are broken.

What is grevious bodily harm?

Grievous bodily harm is defined as ‘really serious harm’ which can include permanent and serious disfigurement or damage. Examples include broken bones, fractures, damage to internal organs, or the killing of a foetus.

What is intention?

Intention relates to the state of mind of the accused at the time of the incident. When determining if an accused person possessed the requisite intention, the Prosecution may attempt to obtain evidence of premeditation, the use of a specific weapon or even admissions obtained by the accused. 

What are the maximum penalties for this offence?

The maximum penalties for Causing grevious bodily harm or wounding with intent in NSW is:

  • Twenty-five years imprisonment 

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:

  1. You believed your conduct was necessary:
    • 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
  2. 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:

  1. Protect property, or
  2. Prevent or remove a criminal trespass.

What are your options at Law?

If you are facing charges of causing grevious bodily harm or wounding with intent, the team at Barsha Defence Lawyers can exercise the following options on your behalf to protect your interests:
 
  1. Negotiate with prosecutors to withdraw or amend the charges.
  2. Plead not guilty to the charges and present a case at a Hearing/Trial to challenge the prosecution’s case.
  3. Plead guilty to the charges but dispute the facts alleged at a “disputed facts hearing”.
  4. Plead guilty to the charges and the facts at a Sentencing hearing with an objective to obtain the most lenient penalty available. 

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.

Which Court Will Hear Your Matter?

The offence of wounding with intent is strictly indictable and must be finalised in either the District or Supreme Court.

Possible Defences

A person charged with this offence may mount a valid defence by arguing:

Lack of Intent

They did not intend to cause grievous bodily harm.

Self Defence

They acted in self-defence, seeking to protect themselves from harm.

Have you been charged with Causing grevious bodily harm or wounding with intent? 

Facing charges for causing grievous bodily harm or wounding with intent? Don’t navigate this legal battle alone. Contact our team today to book your first free consultation. Our experienced criminal defence lawyers are here to provide personalized advice and staunch representation. Reach out now to protect your rights and secure the best possible outcome for your case. Contact our team today to book your first free consultation.

Enquire Today