Reckless Grievous Bodily Harm

THINGS YOU NEED TO KNOW:

1. Reckless Grievous Bodily Harm is a serious indictable offence under Section 35(2) of the Crimes Act 1900 (NSW).
2. A number of defences against a conviction of Reckless Grievous Bodily Harm are available.
3. The maximum penalty available to the Court for the criminal offence of Reckless Grievous Bodily Harm is a term of imprisonment of 10 years.
4. Reckless Grievous Bodily Harm matters are heard in the Local Court and District Court.
5. Criminal Lawyers Group are the leading criminal law firm in NSW for obtaining not guilty verdicts and the withdrawal of charges for clients charged with the criminal offence of Reckless Grievous Bodily Harm.

The criminal offence of Reckless Grievous Bodily Harm is a serious offence and can have severe consequences. Contact our award-winning expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.

WHAT IS THE CRIMINAL OFFENCE OF RECKLESS GRIEVOUS BODILY HARM?

Section 35(2) of the Crimes Act 1900 (NSW) constitutes it a criminal offence of Reckless Grievous Bodily Harm for a person to:

• Cause grievous bodily harm to any person, and
• Be reckless as to causing actual bodily harm to that or any other person.

WHAT IS THE DEFINITION OF GRIEVOUS BODILY HARM?

To best understand the criminal offence of Reckless Grievous Bodily Harm, it is important to know the definition of Grievous Bodily Harm.

Section 4 of the Crimes Act 1900 (NSW) defines Grievous Bodily Harm as including:

• 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, whether or not the woman suffers any other harm, and
• Any permanent or serious disfiguring of the person, and
• Any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

WHAT IS THE PENALTY FOR THE CRIMINAL OFFENCE OF RECKLESS GRIEVOUS BODILY HARM?

Section 35(2) of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 10 years imprisonment for a person convicted of the criminal offence of Reckless Grievous Bodily Harm. If the matter is finalised in the Local Court, the maximum penalty the Court may impose is 2 years imprisonment.

Other penalties available for a conviction of the criminal offence of Reckless Grievous Bodily Harm include a Suspended Sentence, Intensive Corrections Order (ICO), Community Corrections Order (CCO) and a Good Behaviour Bond.

WHAT IF THE RECKLESS GRIEVOUS BODILY HARM IS COMMITTED IN COMPANY?

A greater maximum penalty applies for the criminal offence of Reckless Grievous Bodily Harm in Company.

Section 35(1) of the Crimes Act 1900 (NSW) prescribes a maximum penalty of 14 years imprisonment for a person convicted of the criminal offence of Reckless Grievous Bodily Harm in Company.

WHAT DOES THE PROSECUTION NEED TO PROVE?

You will beat a Reckless Grievous Bodily Harm charge if the prosecution cannot prove beyond reasonable doubt that you:

• Caused grievous bodily harm to any person, and
• Were reckless as to causing actual bodily harm to that or any other person.

WHAT ARE THE DEFENCES AGAINST GUILT FOR THE CRIMINAL OFFENCE OF RECKLESS GRIEVOUS BODILY HARM?

Did not commit the act: That you did not commit the act that the prosecution alleges.

Duress: You may defend a Reckless Grievous Bodily Harm charge on the defence of duress, which is that you committed the offence due to a threat of death or serious harm against you or your family, with the threat being so severe that a person of ordinary firmness would be unable to resist and you could not have rendered the threat ineffective.

Self-Defence: Self-Defence is a defence against a conviction of Reckless Grievous Bodily Harm provided that the conduct of self-defence was carried out to defend the accused or another person or to prevent or terminate the unlawful deprivation of the accused’s liberty or the liberty of another person. The conduct constituting self-defence must be a reasonable response in the circumstances as the accused perceived them.

Necessity: The defence of necessity may be used to defend against a charge of the criminal offence of Reckless Grievous Bodily Harm in circumstances where the criminal offence must have been done in order to avoid certain consequences which would have inflicted irreparable evil upon you or upon others whom you were bound to protect.

Other defences may be available to you depending on the specific circumstances of your case. Contact Criminal Lawyers Group now so that we may analyse the defences available to you based on the circumstances of your case.

WHAT ARE SOME EXAMPLES OF THE CRIMINAL OFFENCE OF RECKLESS GRIEVOUS BODILY HARM?

Examples of actions that may constitute the criminal offence of Reckless Grievous Bodily Harm include, but are not limited to, being reckless and causing a person to:

• Suffer permanent disfigurement of their jaw
• Lose the life of their foetus
• Have HIV transmitted to them.

WHAT FACTORS WILL AFFECT PUNISHMENT IF CONVICTED OF THE OFFENCE OF RECKLESS GRIEVOUS BODILY HARM?

If you are convicted of the criminal offence of Reckless Grievous Bodily Harm, the court may consider a number of factors that will determine the punishment you receive, including but not limited to:

• Early guilty plea
• Circumstances of the offence, including any aggravating factors
• The degree of any violence or force
• Extent of the injuries caused
• Criminal history, particularly involving similar offences
• Character references
• A letter of apology or affidavit demonstrating remorse
• Your likelihood of reoffending
• Any assistance you give to authorities

WHAT COURT ARE RECKLESS GRIEVOUS BODILY HARM OFFENCES HEARD IN?

The criminal offence of Reckless Grievous Bodily Harm is heard in the Local Court and District Court.

Our expert criminal lawyers have a wealth of experience in obtaining the best outcomes in criminal matters across all levels of courts in NSW, including Reckless Grievous Bodily Harm offences in the Local Court and District Court.

CAN I GET BAIL FOR A RECKLESS GRIEVOUS BODILY HARM CHARGE?

You may be granted bail on a charge of Reckless Grievous Bodily Harm. Our expert criminal lawyers at Criminal Lawyers Group are the leading law firm in NSW for securing bail for our clients who were charged with serious criminal offences, including Reckless Grievous Bodily Harm.

WHAT ARE YOUR OPTIONS?

When facing a Reckless Grievous Bodily Harm, you have several options in court. These include:

PLEADING NOT GUILTY: Whether you are advised to plead not guilty or not, you have an inherent right to test the prosecution case by challenging the prosecution’s evidence, and fight for your acquittal. There are risks associated with this option and our experienced lawyers will always advise you of these factors.

PLEADING GUILTY: In some cases, you may be guilty of the charge, but the facts may be in issue, or you may be guilty of a lesser charge and not the charge that police have laid.

NEGOTIATE A PLEA DEAL: We may negotiate with the prosecution to request that the charge is withdrawn, downgraded or fact sheets amended, depending on the circumstances of your case.

CONTACT US NOW

This page contains general information and is not to be taken as legal advice.

For quality and award-winning legal advice, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may analyse your case and secure the best possible outcome for you.