What is an Wounding or grievous bodily harm with intent ?

Intentionally causing Grievous Bodily Harm (“GBH”) or wounding another person is where the intentional acts of the accused have left the victim with a really seriously injury or wound.

Some examples of wounding include:

  • Striking at a person with a first or slapping a person cutting the skin;
  • Throwing an object at another person or knifing someone; and/or
  • Any battery where really serious injury occurs

Case law/Jurisdiction
An offence of Wound/Assault Occasioning Grievous Bodily Harm is a strictly indictable offence which is to be dealt with on indictment by the Director of Public Prosecutions (DPP) in the District or Supreme Court.

What must the prosecution prove?

Since Wounding/Assault Occasioning Grievous Bodily Harm with intent 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 of Wounding/Assault Occasioning Grievous Bodily Harm with intent.
To establish Wounding/Assault Occasioning Grievous Bodily Harm the prosecution must prove each of the following matters beyond reasonable doubt:
You will be found not guilty of the offence of Assault Occasioning Grievous Bodily Harm, if the police cannot prove beyond reasonable doubt:

  • You caused a person to sustain an injury;
  • That the injury amounted to grievous bodily harm; and
  • You intended or were reckless in causing grievous bodily harm.

You will be found not guilty of the offence of Wounding, if the police cannot prove beyond reasonable doubt:

  • You wounded a person; and
  • The act was done intentionally or recklessly as to causing actual bodily harm; and

To prove a wounding offence, the prosecution must prove beyond reasonable doubt that, at the time of the wounding, the accused realised some physical harm may be caused and the actions were still taken and injury to a requisite level was caused.

The Law
The Law in relation to Wounding/Assault Occasioning Grievous Bodily Harm is found in section 33 of the Crimes Act 1900 (NSW). It states:

A person who:

wounds any person, or

causes grievous bodily harm to any person,

with intent to cause grievous bodily harm to that or any other person is guilty of an offence. Maximum penalty: Imprisonment for 25 years.

What is Grievous Bodily Harm (GBH)?

GBH means that a person has suffered a really serious 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!

What is intention?

Intention is the state of mind of the accused at the time of the incident. When determining the intention, the prosecution will look towards whether a weapon was used to cause the injuries.

What must the prosecution prove?

Since Wounding/Assault Occasioning Grievous Bodily Harm with intent is a criminal offence, the burden of proof lies on the Prosecution.
To establish Wounding/Assault Occasioning Grievous Bodily Harm the prosecution must prove each of the following matters beyond reasonable doubt:

You will be found not guilty of the offence of Assault Occasioning Grievous Bodily Harm, if the police cannot prove beyond reasonable doubt:

    1. You caused a person to sustain an injury;
    2. That the injury amounted to grievous bodily harm; and
    3. You intended or were reckless in causing grievous bodily harm. and/or

You will be found not guilty of the offence of Wounding, if the police cannot prove beyond reasonable doubt:

  1. You wounded a person; and
  2. The act was done intentionally or recklessly as to causing actual bodily harm; and</li

Fequently Asked Questions

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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 make sure 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.

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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 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 you the best result available.

If you have been charged with any Stalk/Intimidate offence our Team at National Criminal Lawyers are well versed and specialists in having charges either withdrawn and otherwise achieving favourable outcomes.

Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.

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