To be guilty of the offence of recklessly causing grievous bodily harm (GBH) or wounding, it must be proven that you caused the victim to suffer a wound or GBH, and that you were reckless (careless) as to causing actual bodily harm.
A wound means any cutting, tearing or breaking of the skin, deeper than a surface-level scratch. Examples of a wound include a gash on the arm or a stab wound where the skin is punctured.
Grievous bodily harm means really serious injury. GBH includes any permanent or serious physical disfigurement, serious diseases such as HIV/AIDS, broken bones, internal bleeding, organ damage and the death of a foetus. An injury can amount to GBH even if it is not long-lasting or life-threatening.
Actual bodily harm means any injury or harm that is more than trivial (very minor) or transient (lasting only for a very short time). Examples of ABH involving physical injury include:
- Scratches
- Grazes
- Black eyes
- Bruises
- Red marks on the skin
ABH can also include recognised psychological injuries that are more serious than temporary emotions like fear or shock, such as post-traumatic stress disorder (PTSD).
The prosecution does not need to prove that you intended to wound or cause GBH to the alleged victim; all that needs to be proven is that you intended to cause, or were reckless as to causing, ABH.
The maximum penalty for reckless wounding (the heaviest sentence that a person can receive if found guilty) is imprisonment for seven years, or ten years if the offence was committed in company (with others present and willing/able to assist). The offence of reckless wounding also has a standard non-parole period of three years, or four years if the offence was committed in company.
The maximum penalty for recklessly causing GBH is imprisonment for seven years, or ten years if the offence was committed in company. The offence of recklessly causing GBH also has a standard non-parole period of four years, or five years if committed in company.
If you have been charged with reckless grievous bodily harm or wounding, you should seek legal advice immediately.
If you or someone you know wants more information or needs help or advice, please contact us on 02 9159 9024 or email [email protected].