What is Reckless Grievous Bodily Harm or Wounding?
Being reckless and causing Grievous Bodily Harm (GBH) or wounding to another person is where the acts of the accused have recklessly left the victim with a severe injury or wound.
Some examples of GBH or wounding include:
- Striking at a person with a fist or slapping a person and cutting the skin;
- Throwing an object at another person or knifing someone; and/or
- Any battery where very serious injury occurs.
The Law
Section 35(2) of Crimes Act 1900 (NSW) provides that:
A person who:
- Causes Grievous Bodily Harm to any person, and
- is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
—Maximum penalty: Imprisonment 10 years
Section 35(1) of Crimes Act 1900 (NSW) sets out the offence of Reckless Grievous Bodily Harm “in company” and provides that:
A person who, in the company of another person or persons:
- Causes Grievous Bodily Harm to any person, and
- is reckless as to causing actual bodily harm to that or any other person,
is guilty of an offence.
—Maximum penalty: Imprisonment 14 years
What is Grievous Bodily Harm (GBH)?
GBH means that a person has suffered a significant injury. GBH includes any injury which results in any permanent or serious disfiguration to that person. However, for an injury to be GBH the injury does not have to be permanent or that the consequences of the injury be long lasting or life-threatening.
What is a wound?
Wounding is an injury involving the breaking or cutting of the interior layer (dermis) and outer layer (epidermis) of the skin. A wound can be caused by something as simple as a fist, and a split lip is sufficient to be classed as a wound.
Jurisdiction / Case Law
An offence of Reckless Grievous Bodily Harm or Wounding is what is known as a Table 1 offence under the relevant legislation, which means it is to be dealt with in the Local Court unless an election is made, it is to be dealt with on indictment by the Department of Public Prosecutions (DPP).
The nature and elements of the offence of Affray were considered in Blackwell v R (2011) 208 A Crim R 392 which held: Where the charge refers to the harm inflicted as Grievous Bodily Harm, the Crown must prove that the accused at least foresaw the possibility of the infliction of Grievous Bodily Harm resulting from his or her intentional act.
What must the prosecution prove?
Since Reckless Grievous Bodily Harm is a criminal offence, the burden of proof lies on the Prosecution.
The prosecution must prove the Accused’s guilt beyond reasonable doubt. That is a high standard of proof that the prosecution must achieve before someone can be convicted.
To establish Reckless Grievous Bodily Harm, the prosecution must prove each of the following matters beyond reasonable doubt:
- You caused grievous bodily harm to a person;
- The act was done recklessly; and/or
- That it was committed with another person or persons present.
If you are charged with the offence of Reckless Grievous Bodily Harm, what are your options?
National Criminal Lawyers (NCL) have been successful in defending several Grievous Bodily Harm charges where the prosecution could not establish each of the elements to the required threshold of beyond reasonable doubt. We have also achieved several non-convictions for these charges for those who are found guilty or plead guilty.
It is for that reason that National Criminal Lawyers are the preferred specialist criminal solicitors in Sydney.
Our Senior Criminal Defence Lawyers, headed by Michael Moussa, one of Sydney’s Best Criminal Lawyers, will ensure that your case is closely examined to achieve the best of results.
NCL offer the following options for those who have been charged with Reckless Grievous Bodily Harm or Wounding:
- We will negotiate with prosecutors (police or DPP) (a term referred to as “plea negotiations”) to request that the charge is withdrawn, downgraded or fact sheets amended;
- NCL will Plead Not Guilty and go to hearing/trial and persuade the Court that the prosecution has not proven its case beyond reasonable doubt;
- Plead guilty to the elements of the charge and then dispute the facts (at a special “disputed facts” hearing) with the view of having you sentenced less harshly; and/or
- Plead guilty with full acceptance of the facts as set out by the police and make strong submissions on your behalf requesting that the Court not record a criminal conviction.
Please contact us now for more information about your options.
Why National Criminal Lawyers?
There are three reasons to choose National Criminal Lawyers:
1. Your best chance to get the result you’re after
We are the experts in either beating or having criminal charges withdrawn and/or obtaining the least restrictive penalty available.
This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can ensure the evidence is not only obtained properly, but also that your case is prepared and presented to the highest best practice standards possible.
This is also done without breaking your pocket.
2. How a Senior Defence Lawyer can HELP YOU deal with criminal charges
No matter which option at law you choose, National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience, you will get the best result possible.
3. National Criminal Lawyers are the best defenders of your rights
At National Criminal Lawyers we know that Criminal Law is a matter of Human Rights.
For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights.
This is true not only when the police have just simply got it wrong, OR if they have got it right, then we can speak with you and make sure you get the best result available.
