Intentionally causing Grievous Bodily Harm (“GBH”) or wounding another person is where the intentional acts of the accused have left the victim with a really seriously injury or wound.
This is an offence under s33 of the Crimes Act 1900 NSW.
To prove a charge of wounding or GBH with intent, the prosecution will have to prove beyond a reasonable doubt that:
- The accused wounded or caused GBH to the victim:
- With intent to cause GBH.
What is Grievous Bodily Harm (GBH)?
GBH means that a person has suffered a really serious injury. GBH includes any injury which results in any permanent or serious disfiguration to that person. However, for an injury to be GBH the injury does not have to be permanent or that the consequences of the injury be long lasting or life threatening.
What is a wound?
Wounding is an injury involving the breaking or cutting of the interior layer (dermis) and outer layer (epidermis) of the skin. A wound can be caused by something as simple as a fist and a split lip is sufficient to be classed as a wound!
What is intention?
Intention is the state of mind of the accused at the time of the incident. When determining the intention, the prosecution will look towards whether a weapon was used to cause the injuries.
- Duress; and
The offence under s33 of wounding or cause GBH with intent to cause GBH can only be dealt with on indictment. This means that your matter will be dealt with by the District Court.
The maximum penalty for this offence is 25 years imprisonment.
If you are facing this charge, please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.