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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 We have an exceptional record of our clients being found ‘not guilty’ and in some cases even having charges withdrawn early in the proceedings.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.
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.
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:
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.
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.
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.
There are a number of defences to a wounding with intent to cause grievous bodily harm charge:
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.
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.
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.
The below list sets out possible sentencing options for a charge of Wounding with Intent to Cause Grievous Bodily Harm:
There is a strong likelihood that you will go to jail for an offence of 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.
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.
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.
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.
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.