Grievous Bodily Harm Offences

1. Recklessly causing grievous bodily harm in company is an offence under section 35(1) of the Crimes Act 1900 (NSW).
2. This offence is a Table 1 (T1) offence. It can be dealt with in either the Local Court or the District Court.
3. The maximum penalty is 14 years imprisonment, however if dealt with in the Local Court the maximum penalty is 2 years imprisonment.
4. If dealt with in the District Court, there is a standard non-parole period of 5 years imprisonment.
5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is likely that a criminal conviction will be recorded and you might be sentenced to full time imprisonment.

If you have been charged with recklessly causing grievous bodily harm in company, the prosecutor must prove that you:

1. caused grievous bodily harm to someone (the complainant)
2. were in company of another person(s)
3. were reckless as to causing actual bodily harm to the complainant, or someone else.

You will be ‘in company’ if other person(s) are present when you commit the offence, and those person(s) were either encouraging you, were ready to assist you in the assault if necessary, or were also assaulting the complainant.

The prosecutor must also prove that there was an express or implied agreement between you and the other person(s) to cause grievous bodily harm to the complainant.

Being ‘reckless as to causing actual bodily harm’ means that you realised actual bodily harm may possibly be inflicted on the complainant by your actions, but continued regardless.

Actual bodily harm includes things like bruises, scratches, or marks. The injury does not need to be permanent, but it must be more than transient.

• You may deny that you assaulted the victim
• You may agree that you assaulted the victim, but:
  • the injury may not amount to grievous bodily harm (in which case you may still be guilty of assault occasioning actual bodily harm in company)
  • you may not have been in company (in this case you may still be guilty of recklessly causing grievous bodily harm)
  • you may not have been reckless as to causing actual bodily harm
• You may have been acting in self-defence 
• You may have been acting under duress

This will depend on a number of factors including, for example:

• whether you accept that you assaulted the complainant
• whether the injury amounts to grievous bodily harm (if not, you may still be guilty of assault occasioning actual bodily harm)
• whether you were reckless as to causing actual bodily harm

You may accept that you assaulted the complainant, but:

• your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge such as reckless wounding or assault occasioning actual bodily harm in company
• you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.

Although there are many sentencing alternatives, it is very possible that you will go to gaol if you plead guilty or are found guilty.

The maximum penalty for recklessly causing grievous bodily harm in company is 14 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the gaol sentence.

1. Causing grievous bodily harm with intent to murder is an offence under section 27 of the Crimes Act 1900 (NSW).
2. This offence is a strictly indictable (SI) offence. It is finalised in the District Court, but still commences in the Local Court.
3. The maximum penalty is 25 years imprisonment.
4. There is a standard non-parole period of 10 years imprisonment.
5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is very likely that a criminal conviction will be recorded and that you will be sentenced to full time imprisonment.

If you have been charged with causing grievous bodily harm with intent to murder, the prosecutor must prove that you:

1. caused grievous bodily harm to someone (the complainant)
2. intended to murder the complainant.

The prosecutor must prove that you intended to kill the complainant. An intention to cause grievous bodily harm (e.g. to cause really serious injury) is not sufficient.

This is a question for the jury, who would consider all of the surrounding circumstances including what you did and said.

This will depend on a number of factors including, for example:

• whether you accept that you assaulted the complainant
• whether the injury amounts to grievous bodily harm (if not, you
  may still be guilty of assault occasioning actual bodily harm)
• whether you intended to murder the complainant (if not, you may still be guilty of causing grievous bodily harm with intent to cause grievous bodily harm)
• whether you were acting in self-defence.

You may accept that you assaulted the complainant, but:

• your lawyer may be able to persuade the prosecutor to accept a plea of guilty to a less serious charge such as causing grievous bodily harm with intent to cause grievous bodily harm.
• you may disagree with part of what police say happened. In these circumstances, your lawyer may be able to negotiate with the prosecutor to change the police facts.

Although there are many sentencing alternatives, it is very likely that you will go to gaol if you plead guilty or are found guilty.

The maximum penalty for causing grievous bodily harm with intent to murder is 25 years imprisonment, however the type of sentence you receive will depend on the facts of your case, your personal circumstances, criminal history and many other factors.

It is important that a lawyer properly prepares and presents your case to minimise the risk of you going to gaol, or to persuade the court to reduce the length of the gaol sentence.