WHAT IS RECKLESS GBH?
Under the Crimes Act 1900 (NSW), “grievous bodily harm” (GBH) is defined in section 4 as:
“… any permanent or serious disfigurement, the destruction (other than in the course of a medical procedure or a termination of a pregnancy in accordance with the Abortion Law Reform Act 2019) of the foetus of a pregnant woman, or any grievous bodily disease.”
This includes not just life-threatening injuries but significant, visible, or lasting damage to the body—such as the loss of a tooth.
The offence of recklessly causing grievous bodily harm is found in section 35(2):
“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.”
The maximum penalty is 10 years’ imprisonment, or 14 years if committed in company.
WHAT DOES RECKLESSNESS MEAN?
Recklessness in this legal context means the accused was aware of the possibility of causing actual bodily harm, yet proceeded regardless. Importantly, they do not need to foresee grievous bodily harm—it is enough that they foresaw some level of physical harm.
This mental element differentiates reckless GBH from intentional offences, and the law does not require the accused to know or intend the precise extent of the injury.
WHY RECKLESS GBH MATTERS
This offence acts as a legal bridge between actual bodily harm (ABH) and intentional GBH. ABH, under section 59, includes injuries that are more than trivial—like bruises or swelling—but don’t rise to the level of “really serious” harm.
Reckless GBH reflects circumstances where the injury is very serious, but the mental element (recklessness rather than intention) distinguishes it from even more serious forms of violence.
CASE SUMMARY: ST V R [2022] NSWCCA 169
A recent and significant case on this topic is ST v R [2022] NSWCCA 169, which involved the issue of whether the loss of a tooth constitutes grievous bodily harm.
CASE BACKGROUND
ST was convicted in the District Court of intentionally inflicting GBH after punching his ex-partner in the mouth during an argument. The blow caused her to lose a front tooth. The case hinged on whether this injury was serious enough to be classified as GBH.
KEY FINDINGS
The NSW Court of Criminal Appeal dismissed ST’s appeal and upheld the conviction. The key rulings included:
- A lost tooth can be “serious disfigurement”: The Court affirmed that losing a front tooth is capable of meeting the definition of grievous bodily harm under section 4 of the Crimes Act because of the obvious and visible impact on a person’s face.
- Permanence isn’t required: The Court stated that an injury does not need to be permanent to constitute GBH—seriousness alone is sufficient. The fact that a tooth can be replaced with dental work did not make the injury less significant at the time it occurred.
- The jury’s decision was reasonable: Eyewitnesses corroborated the injury, and the Court accepted that the jury was right to find that the injury caused both physical and emotional harm, amounting to GBH.
Read the full case here: ST v R [2022] NSWCCA 169
APPLICATION TO RECKLESS GBH
Although ST was charged under intentional GBH, the Court’s reasoning applies just as strongly to reckless GBH cases.
If a person recklessly causes the loss of a tooth, the prosecution only needs to prove that:
- The accused caused the injury, and
- They were reckless as to causing actual bodily harm.
This means a punch that results in a lost tooth—even if the accused didn’t expect it—can satisfy the requirements of section 35(2).
As Criminal Lawyers Group explains, the law recognises that injuries to the face, particularly those affecting appearance or speech, often carry greater consequences and are treated more seriously in court.
CONCLUSION
Recklessly inflicting grievous bodily harm is a serious offence in NSW, with a maximum penalty of up to 10 or 14 years’ imprisonment. The law is clear: an injury like the loss of a front tooth can meet the threshold for grievous bodily harm, particularly when it causes serious disfigurement.
The case of ST v R [2022] NSWCCA 169 reinforces that courts will not overlook injuries that significantly affect a person’s appearance, even if the damage is repairable. If you are involved in a matter where GBH is alleged, understanding the difference between recklessness and intention is critical—and so is strong legal representation.
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