What is the offence of intentionally causing grievous bodily harm?
A person is charged with this offence if they assault someone with the intent to cause, and do cause, a very serious injury. The offence of intentionally causing grievous bodily harm (GBH) is contained in section 33 of the Crimes Act 1900 which states:
What is the difference between grievous bodily harm and reckless causing?
Causing grievous bodily harm with intent is a crime under section 33 (1) of the Crimes Act. This offence is charged when the accused: They intended to cause grievous bodily harm. Recklessly causing grievous bodily harm is a crime under section 35 (2) of the Crimes Act. This offence is charged when the accused:
What is the maximum sentence for grievous bodily harm?
This involves the causing of either Grievous Bodily Harm (GBH) or Wounding intending to cause such a serious injury. An offence involving intent under section 18 carries a maximum sentence of life imprisonment. The same offence committed without intent under section 20 has a maximum sentence of only five years.
What is grievous bodily harm (GBH)?
Grievous bodily harm (GBH) can be defined as really serious bodily harm. This could include punching, kicking, or wounding such as by stabbing. Grievous bodily harm can be committed with or without a weapon.
What are the applicable grievous bodily harm with intent defences?
Accident: If you have been charged with GBH with intent, you may be able to rely on the defence of accident. This could apply where you did intend to cause some harm, but the harm became more serious as a result of an accident. This could lead to you being convicted of a less serious offence.
What will a successful defence achieve?
A successful defence may lead to you being acquitted or convicted of a lesser charge. Providing intent to cause grievous bodily harm is a high threshold for the prosecution to meet. If the jury finds that you intended some harm, but not serious harm, then you could be convicted of grievous bodily harm instead.
What is a GBH with intent?
To be convicted of GBH with intent, the jury must believe that at the time of committing the offence, you intended to wound the victim or otherwise inflict the serious level of harm that was caused. For example, did you plan the attack? Did you select or make a weapon ahead of time? Using an offensive weapon upon or kicking a person’s head is also taken as a sign that you intended serious harm.
What is a GBH charge?
Grievous bodily harm (GBH) can be defined as really serious bodily harm. This could include punching, kicking, or wounding such as by stabbing. Grievous bodily harm can be committed with or without a weapon. It is the most severe assault charge that can be laid against a person in relation to physical harm. The key consideration when deciding whether to charge for GBH or a lesser offence, is the level of harm done to the victim. If the victim needs significant or sustained medical treatment, this is likely to lead to a charge of GBH. The level of harm will be assessed by looking at the injuries caused to that particular victim, not how much your actions would harm an average person. For example, if the victim suffered from an unseen disability that meant that the assault led to internal injuries, whereas a healthy person would not have been harmed so seriously, the court will judge your actions by the harm caused by the disabled victim in question.
Why is a kick in the head sentence shorter?
By contrast, if you became involved in a fight, during which you kicked the victim once in the head, you would probably face a shorter sentence because the incident did not involve significant planning, or a weapon, or the intention to cause more harm than was caused. Detailed GBH with intent sentencing guidelines can be found here.
What is the intent of a GBH?
For GBH, you only need to intend to cause some harm to the victim. To be convicted of GBH with intent, the jury must believe that at the time of committing the offence, you intended to wound the victim or otherwise inflict the serious level of harm that was caused.
What is the key consideration when deciding whether to charge for GBH or a lesser offence?
The key consideration when deciding whether to charge for GBH or a lesser offence, is the level of harm done to the victim. If the victim needs significant or sustained medical treatment, this is likely to lead to a charge of GBH.
What is grievous bodily harm?
Grievous bodily harm refers to any serious or permanent injury which will cause the victim ongoing problems. Examples of grievous bodily harm include broken bones or internal organ damage. Under section 4 of the Crimes Act 1900 (NSW) grievous bodily harm can include:
What happens if you are charged with grievous bodily harm?
For a charge of grievous bodily harm with intent, an accused will often receive a prison sentence, while causing grievous bodily harm by unlawful or negligent act can often result in penalties including a Conditional Release Order without conviction or an Intensive Correction Order.
What does it mean to be negligently causing grievous bodily harm?
Negligently causing grievous bodily harm means that even if you didn’t intend to cause anyone harm or injury, you could be charged if your actions fell short of a reasonable standard of care.
What are the three offences related to grievous bodily harm?
There are three main offences involving the infliction of grievous bodily harm, all of which can be considered a form of assault: Grievous bodily harm with intent. Recklessly causing grievous bodily harm. Causing grievous bodily harm by unlawful or negligent act.
What is wounding with intent?
Wounding is a specific kind of harm ; unlike grievous bodily harm, it requires the breaking of the inner and outer layer of the skin. If you deliberately cut someone with a knife, you could be charged with “wounding with intent”.
What is self defence?
Self-defence could be a possible defence to a charge relating to grievous bodily harm. To establish self-defence, it must be shown that: The accused believed their conduct was necessary in order to defend themselves, and. The accused’s actions were a reasonable response in the circumstances as they perceived them.
Is bodily harm with intent an indictable offence?
Grievous bodily harm with intent is an indictable offence and will be heard in the District Court.
What is the difference between section 18 and section 20?
The most serious form of assault, short of attempt murder, is an offence under Section 18 Offences Against the Person Act 1861. This involves the causing of either Grievous Bodily Harm (GBH) or Wounding intending to cause such a serious injury.
What is Grievous Bodily Harm?
GBH or grievous bodily harm is really serious bodily harm. It will include include broken limbs for example but can also include psychiatric injury.
What about weapons?
The use of a weapon will make any offence more serious. Weapons include knives and bottles, or throwing acid. Where feet are used to kick somebody they are treated as a weapon. Biting will also be an aggravating feature in any case.
How long can you be in jail for a serious offence?
The guidelines range from 3 years for a less serious offence through to 16 years for the more serious offences. Examples of sentences imposed are: nine years when a bottle was used to strike the face requiring thirty stitches.
How long can you be sentenced for a baseball bat?
nine years also imposed for causing a fractured arm with a baseball bat, knocking down and driving over a police officer, kicks to the head on the floor causing extensive facial fractures. For offences under section 20 the maximum sentence is 5 years, so a non-custodial sentence is more likely.
How long is a sentence for a conviction under section 18?
The same offence committed without intent under section 20 has a maximum sentence of only five years.
What is Section 20?
Section 20, the offence without intent. In such a case it is accepted that there was no intention to cause the injury. For example this might be the case involving a single punch that causes a person to fall backwards leading to a serious injury or wound.
What is grievous bodily harm?
The Crimes Act defines GBH as ‘any permanent or serious disfiguring of the person, the destruction of a foetus and any grievous bodily disease’. The law requires the injury to be ‘really serious’, but not necessarily permanent, long lasting or life threatening. Whether an injury amounts to GBH is to be determined by the court on a case by case basis.
What Court will hear your matter?
The charge is strictly indictable which means that it will be finalised in the District or Supreme Court.
Can I defend a charge of Intentionally Cause Grievous Bodily Harm?
A person charged with intentionally causing grievous bodily harm can rely on the defence of self-defence. For this defence to succeed, the accused must have believed on reasonable grounds that theiur actions were necessary to defend themself or another person from an attack. What is reasonable in the circumstacnes depends on the nature of the threat faced and the accused’s personal characteristis, such as their age, sex and size.
What is a standard non-parole period?
A standard non-parole period is a set period of time that a person must spend in prison before they can be released to parole prior to their sentence ending. The court uses the standard period as a starting point when determining the sentence for someone convicted of intent to cause grievous bodily harm. The court then looks at whether there are reasons to set a shorter or longer period.
What is the standard non-parole period for Intent to Cause Grievous Bodily Harm?
The standard non-parole period for intentionally cause grievous bodily harm under s 33 of the Crimes Act is 7 years.
How long is a grievous bodily harm charge in NSW?
In NSW, the charge of intentionally causing grievous bodily harm carries a maximum penalty of 25 years imprisonment. A person is charged with this offence if they assault someone with the intent to cause, and do cause, a very serious injury.
What is the GBH crime?
The offence of intentionally causing grievous bodily harm (GBH) is contained in section 33 of the Crimes Act 1900 which states: “A person who: (a) wounds any person), or (b) causes grievous bodily harm to any person, with intent to cause grievous bodily harm to that or any other person is guilty of an offence.”.
What is the meaning of Section 65?
Section 65 of the Sentencing Code states that: (1) This section applies where a court is considering the seriousness of an offence (“the current offence”) committed by an offender who has one or more relevant previous convictions.
What is the Equal Treatment Bench Book?
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings.
What age do you have to be to follow sentencing guidelines?
This guideline applies only to offenders aged 18 and older.
How long can a sentence be suspended?
ii) If the court imposes a term of imprisonment of between 14 days and 2 years (subject to magistrates’ courts sentencing powers), it may suspend the sentence for between 6 months and 2 years (the ‘operational period’). The time for which a sentence is suspended should reflect the length of the sentence; up to 12 months might normally be appropriate for a suspended sentence of up to 6 months.
When sentencing offenders to a life sentence under these provisions, the notional determinate sentence should be?
When sentencing offenders to a life sentence under these provisions, the notional determinate sentence should be used as the basis for the setting of a minimum term.
How is the level of culpability determined?
The level of culpability is determined by weighing all the factors of the case. Where there are characteristics present which fall under different levels of culpability, the court should balance these characteristics giving appropriate weight to relevant factors to reach a fair assessment of the offender’s culpability.
How do courts determine the category of an offence?
The court should determine the offence category with reference only to the factors listed in the tables below. In order to determine the category the court should assess culpability and harm.