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Wounding With Intent to Cause Grievous Bodily Harm

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Best Wounding With Intent to Cause Grievous Bodily Harm Lawyers

Wounding with intent to cause grievous bodily harm is an extremely serious charge. However, with our team of specialist criminal lawyers beside you, we can put your mind at ease. We have an exceptional record of our clients being found ‘not guilty’ and in some cases even having charges withdrawn early in the proceedings.

Contact us now to discuss your case with our accredited specialist criminal lawyer for grievous bodily harm charges. You can also see our recent results for Grievous Bodily Harm charges.

WHAT SHOULD I DO?

  • PLEADING NOT GUILTY

    What is Wounding with Intent to Cause Grievous bodily harm?

    Section 33 of the Crimes Act 1900 (NSW) sets out that if you commit an intentional act which occasions a really serious injury to another person, you can be guilty of this offence.

    Wounding with intent to cause Grievous bodily harm is a strictly indictable offence. As such, it must be finalised in the District Court.

     

    How Do You Beat a Wounding with Intent to Cause Grievous Bodily Harm Charge?

    You can fight a Wounding with intent to cause grievous bodily harm in two ways. Firstly, the prosecution must prove each of the following beyond reasonable doubt:

    1. You caused an injury; and
    2. That injury amounted to grievous bodily harm; and
    3. You intended to cause this kind of injury

     

    If any of these elements are not made out, then you can be found ‘not guilty’.

    Secondly, you can rely on one of the defences.

     

    What is Grievous Bodily Harm?

    The definition of grievous bodily harm is any permanent or serious disfiguring of a person. However, the injury does not need to be permanent or life threatening. Each case will always be a question of fact and degree.

    The decision of R v Swan [2016] NSWCCA clarified that what is required is not just serious bodily injury, but really serious bodily injury and that only the injury itself and its direct physical effects, not its personal, social and economic consequences, can be taken into account in deciding whether an injury amounts to really serious bodily injury.

     

    What is Wounding?

    The definition of wounding is any injury which breaks or cuts the interior layer (dermis) and outer layer (epidermis) of the skin.

     

    Contact us now to speak to a specialist criminal lawyer who can assess whether an injury amounts to grievous bodily harm. We also have medical experts who are often able to give opinions that an injury does not amount to grievous bodily harm.

     

    What are the Defences to Wounding with Intent to Cause Grievous Bodily Harm?

    There are a number of defences to a Wounding with intent to cause grievous bodily harm charge:

    1. Self defence: Your actions were necessary to protect yourself or another person, and they were a reasonable response to the circumstances as you perceived them
    2. Identification:The prosecution cannot prove that you were the perpetrator
    3. Causation: The prosecution cannot prove that your actions caused the injury
    4. The injury does not amount to grievous bodily harm. We can engage our medical experts to provide a report as to whether the injury amounts to grievous bodily harm;
    5. Duress: You were forced to commit the offence
    6. Necessity: Your actions were necessary

     

    Our Specialist Criminal Lawyers have years of experience in identifying and preparing defences to grievous bodily harm charges. Contact us now to speak to our team immediately.

  • PLEADING GUILTY

    If you decide that you want to enter a plea of guilty, there are a number of steps you can take in order to obtain the best sentencing outcome. Our guide can provide some general guidance, but for advice tailored to your specific case, you can contact us now to speak to one of our specialist criminal lawyers.

     

    What is the Penalty for Wounding with Intent to Cause Grievous Bodily Harm?

    The maximum penalty for wounding with intent to cause grievous bodily harm is 25 years imprisonment.

    There is a standard non-parole period for this offence of 7 years imprisonment.

     

    What are the Possible Sentences for Wounding with Intent to Cause Grievous Bodily Harm?

    The below list sets out possible sentencing options for a charge of Wounding with Intent to Cause Grievous Bodily Harm:

    1. Section 10 dismissal
    2. Conditional release order without conviction (previously known as Section 10 good behaviour bond)
    3. Fine
    4. Conditional release order with conviction (previously known as Section 9 good behaviour bond)
    5. Community Corrections Order (previously known as Community Service Order)
    6. Intensive Corrections Order
    7. Home Detention Order (no longer used in NSW)
    8. Full Time Imprisonment

     

    Will You Go to Jail for Wound with Intent to Cause Grievous Bodily Harm?

    Over the last 5 years, all persons who were guilty of wound with intent to cause grievous bodily harm received convictions. Further, over 90% of sentences were full-time imprisonment.

    Clearly, avoiding imprisonment is very difficult. As such, you should speak to one of our specialist criminal defence solicitors to give yourself the best chance of avoiding jail.

FAQ

Can a Grievous Bodily Harm Charge be Downgraded?

Wound with Intent to Cause Grievous Bodily Harm is a more serious charge than Common Assault, Assault Occasioning Actual Bodily Harm, and Recklessly cause Grievous Bodily Harm. As such, it is possible to have this charge downgraded. This will involve your lawyer sending Police or the Office of the Director of Public Prosecutions ‘representations’. It will also likely require engaging our own medical expert to provide an opinion as to whether any injury amounts to ‘Grievous Bodily Harm’. If you would like to know whether your charge can be downgraded, you should speak to one of our experienced Grievous Bodily Harm Lawyers.

 

What is the Standard Non Parole Period?

The standard non-parole period is the amount of time you must spend in gaol before you can be released on parole. There are different starting points for different offences. The starting point for ‘Wounding with intent to cause grievous bodily harm’ is 7 years imprisonment.

This does not mean that you will receive a non-parole period of 7 years prison. But this is where the Court will start at in the sentencing exercise.

 

How Serious is a GBH charge?

Grievous bodily harm (GBH) charges are extremely serious. A charge of GBH with intent has a maximum penalty of 25 years imprisonment and 92% of persons found guilty are sentenced to full time imprisonment.

 

What is the Minimum Sentence for Grievous Bodily Harm?

While there is no strict ‘minimum sentence’ for a grievous bodily harm charge, there is a standard non-parole period for ‘Wounding with intent to cause grievous bodily harm’ of 7 years imprisonment.