Assault Occasioning Grievous Bodily Harm

Lawyers NSW

What is Assault Occasioning Grievous Bodily Harm (GBH)

An Assault occasioning Grievous Bodily Harm involves an altercation where as a result of the physical force applied, a very serious injury has been caused to the other person. Although not necessary, such an incident usually involves the use of a weapon to inflict the injury.

 

GBH & The Law

Under Section 33 of the Crimes Act 1900, it is a criminal offence to assault another person, the result of which causes grievous bodily harm to that person.

This is a charge that is treated very seriously by the Courts, especially in those circumstances where it is alleged that the offence was committed with intent.

Factors to consider for GBH with intent:

  1. If the attack was repeated or sustained over a longer period of time

  2. If there is evidence of the planning of the attack

  3. If the use of a weapon was made deliberately and pre-planned

  4. If there is evidence of prior threat before the attack

  5. Excessive and deliberate unlawful force

What the Prosecution need to Prove (Beyond a Reasonable Doubt):

 

  • That that accused inflicted grievous bodily harm upon another person, and the injuries sustained by that person are considered to be “very serious”;

  • The act of the Assault was done with the intention to cause grievous bodily harm.

 

It is very important to pay close attention to the second requirement above, as the prosecution has the difficult task of proving that the person had a real “intention” to cause that serious injury to the other person.

Going to Court – “What am I looking at?”

The Courts and Judicial System view this offence as an extremely serious offence, for which the typical sentence is one of full time imprisonment. It is an offence which is dealt with only in the District Court, and can carry a maximum penalty of 25 years imprisonment.

Lawyer Call – Help is just a click away..

Being charged with intentionally cause GBH can be overwhelming due to the seriousness of the charge, and the implications this could have on your life, family and future aspirations. At Lawyer Call, we seek to understand the exact details of the incident first and foremost.

If you have been charged with offence, please call our office immediately on 1300 LAW 111.

 

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