Grievous bodily harm is a term used in criminal law to describe serious physical harm that is inflicted on a person. This unlawful act typically involves a permanent injury, such as a broken bone, serious disfigurement, or a wound that requires extensive treatment. Causing grievous bodily harm is a serious criminal offence, and it can carry a substantial prison sentence, especially if it was done intentionally.

The precise definition of "grievous bodily harm" varies between Australian states and territories. Moreover, the specific elements of the offence can also depend on the circumstances of the case. However, in general, it refers to harm that is more severe than ordinary bodily harm. Grievous bodily harm can be caused by a variety of circumstances, including but not limited to:

It is important to note that the intentional or reckless nature is a significant factor in determining a grievous bodily harm offence. The harm must have been caused by the defendant's actions. Furthermore, they must have known or ought to have known that their actions would result in such harm.

What does NSW law say?

The Crimes Act 1900 (NSW) is a statute of the state of New South Wales, Australia that sets out the criminal laws that apply within the state. The Act provides a comprehensive framework for the definition of criminal offences. Additionally, the Act includes punishment provisions for those who are convicted of committing them. The Crimes Act defines grievous bodily harm as 'very serious harm' which includes, but is not limited to:

  • Any permanent or serious disfigurement
  • The destruction of a foetus other than by a medical procedure
  • Any grievous bodily disease

An offender is considered 'reckless 'if they foresaw and are aware of the possibility of inflicting harm, but proceeded with their actions anyway. The type of maximum penalty that will be imposed is determined by:

  • An offender's actions
  • Whether the offender committed the act with another person
  • Whether the offender has a previous criminal record
  • If the offender demonstrated remorse

Section 33 of the Crimes Act defines inflicting bodily harm with intent when the accused commits the following offences:

  • Causes serious bodily injury harm to anyone, and
  • They intended to inflict serious bodily harm

Section 54 of the Crimes Act also defines negligent grievous bodily harm which is an offence charged if the accused:

  • Commits any illegal or negligent act
  • Causes grievous bodily harm to any person

Maximum Penalties for Grievous Bodily Harm

The penalties are typically more severe than common assault offences. However, the penalties still vary depending on the offence. The degree of violence and the extent of the harm inflicted will be considered by the court in determining the sentence. A charge of grievous bodily harm with intent typically results in a prison sentence. Whereas, unlawful or negligent grievous bodily harm frequently results in penalties such as:

1. Conditional Release Order Without Conviction

This order is a type of legal disposition that allows an individual to be released from custody or other restrictions. But what does this mean? It means that the individual has not been convicted of a crime, but they are required to comply with specific conditions. This may include:

  • Reporting regularly to a probation officer
  • Undergoing drug testing
  • Completing community service

The purpose of this type of order is to provide an alternative to imprisonment for low-risk individuals and to promote rehabilitation and reintegration into society. The individual's compliance with the conditions is monitored, and failure to comply can result in a revocation of the release and a return to custody.

2. Intensive Correction Order

An intensive correction order (ICO) is a form of community-based sentence that is used as an alternative to imprisonment. It is a court-ordered sentence that requires the individual to comply with strict conditions. An Intensive Correction Order must also include at least one of the following conditions:

  • Home detention.
  • Electronic monitoring.
  • A curfew
  • Community service work of no more than 750 hours.
  • Participation in a rehabilitation or treatment program.
  • Abstinence from alcohol or drugs or both.
  • Non-association with particular people.
  • A requirement not to go to a particular place or area.

Maximum Sentence

Offence Maximum Sentence
Wounding or grievous bodily harm with intent 25 years
Reckless infliction of grievous bodily harm 10 years
Reckless infliction of grievous bodily harm in company 14 years
Causing dog to inflict grievous bodily harm 10 years
Causing grievous bodily harm by unlawful or negligent act 2 years

Click here to see more penalties for more particular offences.

Defences for Grievous Bodily Harm

The main defence for intentional wounding is that the injuries are not severe enough to constitute severe bodily harm. It is common for the defence and prosecution to argue about the severity of injuries.

Experts such as doctors and specialists are frequently called to testify and cross-examined by both the defence and prosecution. Self-defence is another defence for charges of grievous bodily harm. However, alleged severe bodily harm offenders must prove that they had acted in a way that was necessary to defend themselves

What the Prosecution Must Prove

1. That the alleged offender caused a wound or inflicted severe bodily harm upon another person.

2. The wound or severe bodily harm happened due to the alleged offender's recklessness. For instance, a person shot a gun at a busy highway and hit a driver's arm. Another instance is setting off fireworks on a sidewalk with many people which may cause burn wounds on pedestrians.

3. The act was done intentionally.

Importance of Seeking A Criminal Lawyer

As we have seen, causing severe bodily harm is a very serious criminal offence that constitutes heavy penalties and even imprisonment. JB Solicitors is a law firm that can handle criminal law matters that relate to bodily harm charges.

We can represent clients in court who are victims of assault and physical violence that resulted in considerable injuries. Our team of lawyers can also represent clients who were wrongly accused or who are seeking lighter penalties.

Contact our experienced criminal lawyers today if you need legal advice regarding criminal law matters.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.