In New South Wales (NSW), assault offences are categorised into three main types:
- common assault;
- actual bodily harm (ABH); and
- grievous bodily harm (GBH).
Common assault involves acts such as threatening behaviour or minor physical contact, often resulting in little to no injury. ABH refers to physical or psychological harm that is more than merely transient or trifling but not very serious injuries. GBH, on the other hand, involves really serious and often life-altering injuries or harm with long-term or permanent consequences. The key factor that differentiates GBH from ABH is the severity and the lasting impact of the harm inflicted on the victim.
What is Actual Bodily Harm (ABH)?
ABH is governed by section 59 of the Crimes Act 1900 (NSW). The Act does not explicitly define ABH, but under common law it is understood as being any harm that is more than merely transient or trifling.
What constitutes ABH?
ABH typically involves injuries such as:
- Bruises, cuts, or minor fractures.
- Psychological harm that goes beyond mere fear or anxiety (e.g., clinical symptoms of distress).
The injury or harm does not need to be permanent. For example, minor but not insignificant injuries requiring medical attention, such as bruises or prominent scratches on the lower end of the scale, and a black eye or a minor bone fracture (that heals quickly) on the higher end of the scale, could meet the threshold for ABH.
What is Grievous Bodily Harm (GBH)?
Grievous Bodily Harm (GBH) involves serious or permanent injuries that may be life-altering or have significant long-term consequences for the victim. GBH is governed by sections 33, 35, and 54 of the Crimes Act 1900 (NSW), depending on factors such as whether there was intent, recklessness, or negligence in causing the harm.
What Constitutes GBH?
GBH typically includes injuries that are severe in nature, such as:
- Deep lacerations or stab wounds.
- Serious broken bones or fractures requiring surgical intervention.
- Concussions or injuries with long-term physical or psychological effects.
Under Section 4 of the Crimes Act, GBH also encompasses:
- The destruction of the foetus of a pregnant woman.
- Permanent or serious disfigurement.
- Grievous bodily diseases, such as HIV or AIDS.
GBH with Intent
Under Section 33(1) of the Crimes Act, an offence is classified as GBH with intent if:
- The accused causes GBH to another person, and
- They intended to cause such harm.
Premeditated acts, such as using a weapon with the specific intent to inflict serious harm, result is harsher penalties.
Recklessly Causing GBH
Outlined in Section 35(2) of the Crimes Act, this offence occurs when:
- The accused causes GBH to another person, and
- They acted recklessly, knowing there was a risk of causing serious harm.
This offence does not require a deliberate intent to harm but rather a disregard for the potential consequences of one’s actions.
Causing GBH by Unlawful or Negligent Act
Under Section 54 of the Crimes Act, this offence applies when:
- The accused causes GBH through an unlawful or negligent act or omission.
Even if there was no intention to cause harm, a person may still be charged if their actions fell below a reasonable standard of care or if they engaged in inherently dangerous illegal activity that resulted in serious harm.
Understanding the distinctions between various GBH offences is essential. Whether the harm was inflicted intentionally, recklessly, or through negligence, all forms of GBH represent serious crimes with significant legal consequences.
Circumstances of Aggravation
Certain circumstances, such as racially or religiously motivated attacks, can represent aggravating features of an offence that might result in a more serious penalty being imposed by the court. Targeted attacks against individuals with protected characteristics are taken particularly seriously by the courts.
Differences Between ABH and GBH
| Aspect | ABH | GBH |
| Severity of Injury | Minor injuries, e.g., large bruises, prominent cuts. | Major injuries, e.g., badly broken bones. |
| Psychological Harm | Significant but not severe trauma. | Severe psychological or physical impact. |
| Maximum Penalty | 5 years imprisonment (or 7 if committed in company). | Up to 25 years imprisonment for intent to cause GBH. |
Sentencing for ABH and GBH
The penalties for ABH and GBH depend on various factors, including:
- Nature of the injury: More severe injuries attract harsher sentences.
- Aggravating factors: Offences committed in company, racially motivated or targeted attacks result in stricter punishments.
- State of mind of the offender: Premeditated acts or those committed with a weapon generally result in longer sentences.
For ABH, sentences range from community orders to up to five years imprisonment. However, in circumstances where the offence is committed in the company of another person, an accused may be liable for up to 7 years imprisonment. For GBH, penalties are much more severe, with intentional GBH potentially resulting up to 25 years imprisonment. While both ABH and GBH offences involve harm to the victim, the severity of the injuries and the intent behind the assault play a fundamental role in determining the charge and punishment.
If you or someone you know is charged with an ABH or GBH offence, it is essential you receive advice from an experience criminal defence lawyer at any early stage. As leaders in criminal defence, we are specifically trained to assist and negotiate on your behalf to ensure the best possible outcome.
To discuss your options, call Hugo Law Group in Sydney (02 9696 1361), Canberra (02 5104 9640), Perth (08 6255 6909), or Northern NSW (02 5552 1902) to make an appointment to speak to one of our lawyers.
