Grievous Bodily Harm Charges in Sydney
Grievous bodily harm has been interpreted to mean really serious harm such as brain injury and bone fractures. The injury does not necessarily need to be permanent, have long lasting consequences or be life threatening.
Within a GHB related charge, offences include:
Recklessly Causing Grievous Bodily Harm
Recklessly Causing Grievous Bodily Harm in Company
Each grievous bodily harm offence varies depending on factors such as the severity of the injuries, the offender’s criminal history, the involvement of a weapon, and other surrounding circumstances. The specific charge you face will determine the applicable penalties and available legal defences.
Below, we outline the main offences involving the infliction of grievous bodily harm, along with key details that distinguish each charge.
Recklessly Causing Grievous Bodily Harm in Sydney
- Recklessly causing grievous bodily harm is an offence under section 35(2) of the Crimes Act 1900 (NSW).
- This is classified as a Table 1 offence, meaning it can be heard in either the Local Court or the District Court.
- The maximum penalty is 10 years’ imprisonment; however, if the matter is finalised in the Local Court, the maximum penalty is reduced to 2 years.
- When heard in the District Court, a standard non-parole period of 4 years applies.
If you plead guilty or are convicted, a range of sentencing options may be considered—but a criminal conviction is likely to be recorded.
If you plead guilty or are convicted, a range of sentencing options may be considered—but a criminal conviction is likely to be recorded.
If you’ve been charged with recklessly causing grievous bodily harm, the prosecution must establish that you:
- Caused grievous bodily harm to another person (the complainant), and
- Were reckless as to whether actual bodily harm would be caused to the complainant or another individual.
Being reckless as to causing actual bodily harm means you were aware that your actions could potentially result in actual bodily harm to the complainant, but you went ahead anyway.
Actual bodily harm can include injuries such as bruising, scratches, or visible marks. The harm doesn’t need to be permanent, but it must be more than minor or short-lived.
The outcome will depend on several factors, such as:
-
Whether you admit to assaulting the complainant
-
Whether the injury qualifies as grievous bodily harm (if not, you might still face a charge of assault occasioning actual bodily harm)
-
Whether you were reckless in causing actual bodily harm
-
Whether you acted in self-defence
You might accept that you assaulted the complainant; however:
-
Your lawyer may be able to negotiate with the prosecutor to have the charge reduced to a less serious offence, such as assault occasioning actual bodily harm (AOABH)
-
You may dispute parts of the police account of events. In such cases, your lawyer could potentially negotiate to amend the police facts with the prosecutor
While there are various sentencing options available, there is still a possibility of imprisonment if you plead guilty or are found guilty.
The maximum penalty for recklessly causing grievous bodily harm is 10 years’ imprisonment. However, the sentence you receive will depend on the specifics of your case, your personal circumstances, criminal history, and other relevant factors.
It is crucial that a lawyer carefully prepares and advocates for your case to reduce the risk of a custodial sentence.
Reckless Causing of Grievous Bodily Harm in Company in Sydney
- Recklessly causing grievous bodily harm in company is an offence under section 35(1) of the Crimes Act 1900 (NSW).
- This offence is listed as a Table 1 (T1) offence and can be heard in either the Local Court or the District Court.
- The maximum penalty is 14 years’ imprisonment; however, if the matter is dealt with in the Local Court, the maximum sentence is limited to 2 years.
- If heard in the District Court, a standard non-parole period of 5 years applies.
- Upon pleading guilty or being found guilty, a range of sentencing options may be considered. It is likely a criminal conviction will be recorded, and there is a possibility of a custodial sentence.
If you have been charged with recklessly causing grievous bodily harm in company, the prosecution must establish that you:
- Caused grievous bodily harm to another person (the complainant)
- Were in the company of one or more other individuals
- Acted recklessly in causing actual bodily harm to the complainant or another person
You are considered to be ‘in company’ if other person(s) are present when the offence is committed, and those individuals were either encouraging you, prepared to assist in the assault if needed, or were actively assaulting the complainant themselves.
Additionally, the prosecution must 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 you were aware that your actions could potentially cause actual bodily harm to the complainant, yet you proceeded anyway.
Actual bodily harm refers to injuries such as bruises, scratches, or marks. While the injury does not have to be permanent, it must be more than fleeting or minor.
You might deny assaulting the victim.
Alternatively, you may admit to the assault, but:
-
The injury might not qualify as grievous bodily harm (in which case, you could still be liable for assault occasioning actual bodily harm in company)
-
You may not have been in company (although you could still face charges for recklessly causing grievous bodily harm)
-
You may not have acted recklessly in causing actual bodily harm
-
You may have been acting in self-defence
-
You may have acted under duress
The outcome will depend on several factors, including:
-
Whether you admit to assaulting the complainant
-
Whether the injury qualifies as grievous bodily harm (if not, you might still face a charge of assault occasioning actual bodily harm)
-
Whether you were reckless in causing actual bodily harm
You may accept that you assaulted the complainant; however:
-
Your lawyer might be able to negotiate with the prosecutor to accept a plea to a lesser charge, such as reckless wounding or assault occasioning actual bodily harm in company
-
You may dispute some aspects of the police account. In such cases, your lawyer could negotiate with the prosecutor to amend the police facts
While there are various sentencing options, it is quite possible that you may face imprisonment 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 actual sentence will depend on the specifics of your case, your personal circumstances, criminal record, and other relevant factors.
It is crucial that a lawyer carefully prepares and advocates for your case to reduce the risk of imprisonment or to seek a reduction in the length of any custodial sentence.
Causing Grievous Bodily Harm with Intent in Sydney
- Causing grievous bodily harm with intent is an offence under section 33(1)(b) of the Crimes Act 1900 (NSW).
- This is a strictly indictable (SI) offence, which must be finalised in the District Court, though proceedings begin in the Local Court.
- The maximum penalty for this offence is 25 years’ imprisonment, with a standard non-parole period of 7 years.
- If you plead guilty or are found guilty, a range of sentencing options may be considered. However, it is highly likely that a criminal conviction will be recorded and that you will receive a custodial sentence.
If you have been charged with causing grievous bodily harm with intent, the prosecution must establish that you:
-
Caused grievous bodily harm to another person (the complainant)
-
Intended to inflict grievous bodily harm on the complainant
This question is for the jury to decide, taking into account all the surrounding circumstances, including your actions and statements.
The outcome will depend on several factors, including:
-
Whether you admit to assaulting the complainant
-
Whether the injury qualifies as grievous bodily harm (if not, you may still be charged with assault occasioning actual bodily harm)
-
Whether you intended to cause grievous bodily harm (if not, you might still face a charge of recklessly causing grievous bodily harm)
-
Whether you were acting in self-defence
You may accept that you assaulted the complainant; however:
-
Your lawyer might be able to negotiate with the prosecutor to secure a plea to a lesser charge, such as recklessly causing grievous bodily harm
-
You may dispute parts of the police account. In such cases, your lawyer could negotiate with the prosecutor to amend the police facts
While there are various sentencing options, it is highly likely that you will face imprisonment if you plead guilty or are found guilty.
The maximum penalty for causing grievous bodily harm with intent is 25 years’ imprisonment. However, the actual sentence will depend on the details of your case, your personal circumstances, criminal history, and other relevant factors.
It is essential that a lawyer thoroughly prepares and advocates for your case to reduce the risk of imprisonment or to seek a reduction in the length of any custodial sentence.
Causing Grievous Bodily Harm with Intent to Murder in Sydney
- Causing grievous bodily harm with intent to murder is an offence under section 27 of the Crimes Act 1900 (NSW).
- This is a strictly indictable (SI) offence, which is finalised in the District Court, although proceedings begin in the Local Court.
- The maximum penalty for this offence is 25 years’ imprisonment, with a standard non-parole period of 10 years.
- If you plead guilty or are found guilty, a range of sentencing options may be considered. However, it is highly likely that a criminal conviction will be recorded and that you will receive a custodial sentence.
If you have been charged with causing grievous bodily harm with intent to murder, the prosecution must establish that you:
- Caused grievous bodily harm to another person (the complainant)
- Intended to murder the complainant
The prosecutor must prove that you had the intention to kill the complainant. Merely intending to cause grievous bodily harm (such as serious injury) is not enough.
This is a matter for the jury to decide, taking into account all the surrounding circumstances, including your actions and statements.
The outcome will depend on several factors, including:
-
Whether you admit to assaulting the complainant
-
Whether the injury qualifies as grievous bodily harm (if not, you may still face charges for assault occasioning actual bodily harm)
-
Whether you intended to murder the complainant (if not, you could still be charged with 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; however:
-
Your lawyer might be able to negotiate with the prosecutor to secure a plea to a lesser charge, such as causing grievous bodily harm with intent to cause grievous bodily harm
-
You may dispute parts of the police account, and in these cases, your lawyer could negotiate with the prosecutor to amend the police facts
While there are various sentencing options available, it is highly likely that you will face imprisonment 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 sentence you receive will depend on the specifics of your case, your personal circumstances, criminal record, and other relevant factors.
It is essential that a lawyer carefully prepares and presents your case to reduce the risk of imprisonment or to persuade the court to shorten any custodial sentence.
Grievous Bodily Harm FAQs
What factors will the court consider when sentencing?
The court will consider the severity of the injury, the nature of the assault, and the surrounding circumstances. For example, an assault involving only one or two strikes may be viewed as less serious than a prolonged or sustained attack. The court will also take into account other factors such as your personal circumstances and criminal history.
If I plead guilty or am found guilty, will a conviction be recorded?
It is highly likely that a conviction will be recorded by the court. The sentence you receive will depend on the specifics of your case, your personal circumstances, criminal history, and other relevant factors. It is essential that a lawyer carefully prepares and presents your case to help secure the best possible outcome.
What does it mean to have a conviction recorded?
A conviction is an official entry on your criminal record (also known as your antecedents). Having a conviction may affect your ability to obtain or maintain employment, travel, adoption, residency, citizenship, or certain licences, potentially creating barriers or disqualifications.
What is a standard non-parole period (SNPP)?
A non-parole period is the minimum time someone must spend in prison before being eligible for release on parole or consideration for parole.
A standard non-parole period serves as a legislative benchmark, representing the typical non-parole period for an offence of moderate seriousness. It does not take into account any discounts or specific positive or negative factors related to the offender.
What if I only assaulted someone because they hit me first?
You may have a defence of self-defence available. This depends on whether you genuinely believed it was necessary to act as you did and whether your response was reasonable given the circumstances.
What injuries could amount to grievous bodily harm?
Grievous bodily harm can include injuries such as a fractured eye socket, a broken bone, or facial injuries that require stitching and are likely to leave a permanent scar.
Why Choose Hugo Law Group to Defend You
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
Contact
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.