Wounding or inflicting grievous bodily harm with intent
The offence of Inflicting grievous bodily harm with intent is extremely serious. It carries a maximum penalty of 25 years imprisonment.
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Wounding or inflicting grievous bodily harm with intent
THINGS YOU NEED TO KNOW:
- The offence of Inflicting grievous bodily harm with intent is extremely serious. It carries a maximum penalty of 25 years imprisonment.
- There is a standard non-parole period of 7 years imprisonment.
- This offence is a strictly indictable offence. Therefore, it must be finalised in the District Court.
- To be found guilty of the offence, police must prove beyond reasonable doubt that there was intent to cause serious bodily harm.
- The main defence for wounding or grievous bodily harm with intent is that the injuries are not serious enough to amount to grievous bodily harm or that you were acting in self-defence.
WHAT IS GRIEVOUS BODILY HARM?
Grievous bodily harm is the most serious kind of injury a person can suffer short of death. It includes paraplegia, quadriplegia, and vegetative states. It also includes broken bones, disfigurement, and other permanent injuries.
WHAT IS AN ‘INTENTION’ TO CAUSE GRIEVOUS BODILY HARM?
Intending to inflict grievous bodily harm is not easy to prove. A person who commits the offence must have intended to cause the victim really serious harm. That is the same intent required on a murder charge! Because the charge is so serious, it is not enough that an attacker wanted to hurt the victim and went too far, if the attacker did not intend to seriously harm the victim.
Our criminal lawyers can beat the charge of Wounding or Inflicting grievous bodily harm with intent. They can do this by arguing lack of intent, that the injury is not serious enough to be considered grievous bodily harm and by raising
What do the prosecution need to prove?
The offence carries a specific elements that the prosecution are required to prove. To be found guilty of the offence, Police must prove beyond reasonable doubt that there was intent to cause serious bodily harm. You will found not guilty of the offence of Wounding with intent to cause bodily harm if they cannot prove:
- You wounded any person. Wounding involving the breaking or cutting of the interior layer of the skin (dermis) and the breaking of the outer layer (epidermis) is not sufficient.
- With intent to cause grievous bodily harm to that or any other person. Grievous bodily harm is “really serious harm” and includes:
- The destruction (other than in the course of a medical procedure) 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.
This is an offence that our criminal lawyers beat time and time again because of the failures of the prosecution and investigating authorities to establish key element to prove the offence beyond a reasonable doubt.
What are the possible defences to a charge of Wounding with intent to cause Grievous Bodily Harm?
The main defence for wounding or grievous bodily harm with intent is that the injuries are not serious enough to amount to grievous bodily harm. An example is where our client was charged with this offence and ultimately found not guilty because of the location of the stab wounds being in the lower leg and not more life-threatening locations such as the chest of the victim.
Another defence for grievous bodily harm charges is self-defence. If the defence of self-defence is used, you must be able to satisfy the court that you acted in a way that was necessary to defend yourself and that your actions were reasonable given the circumstances as you perceived them. Our client was able to prove that he acted in self-defence when he was attacked by multiple men at a nightclub in an alley way in Sydney South West. He was able to grab the knife of the men attacking him before stabbing 2 of the 3 males 6 times in the back and chest.
Penalties for wounding or grievous bodily harm with intent?
The maximum penalty for wounding or grievous bodily harm with intent is 25 years imprisonment. Ordinarily, this offence would result in a term of imprisonment given the seriousness of the offence, however, with the right defence lawyer and the negotiations with the DPP, we are able to get the best possible outcome for your case.
Why Choose A Criminal Lawyer From Criminal Lawyers Group?
Our Criminal Lawyers are award-winning criminal lawyers that specialise in criminal offences. Whether it’s a traffic infringement or a serious criminal case our lawyers are here to assist in providing you specialised criminal representation.
Steven Mercael
Principal Lawyer
