It can be hard to cope when you’re facing charges in relation to ‘recklessly causing grievous bodily harm or wounding,’ but you don’t have to fight the battle alone.
By getting Sydney’s best criminal defence team on your side, you can ease some of the stress and take comfort in the knowledge that our expert lawyers are fighting hard to win your case.
Your Options in Court
Before you can be found guilty of recklessly causing grievous bodily harm or wounding, the prosecution must prove two factors beyond a reasonable doubt:
- That you caused a wound, or inflicted grievous bodily harm upon another person
- That the wound or grievous bodily harm was caused by your recklessness – in other words, where you knew, or should have known that your actions could cause wounding or grievous bodily harm, but you continued to act anyway
A wound is an injury that occurs when both layers of the skin are broken; for example, a deep cut or a split lip.
Grievous bodily harm means ‘really serious harm’ – including permanent and serious disfigurement. Examples include broken bones, damage to internal organs, or the killing of a foetus.
If you wish to plead ‘not guilty’, our lawyers can give you the strongest possible defence against the charges.
Our criminal law specialists regularly defend and win ‘recklessly causing grievous bodily harm’ cases and can help you present all relevant evidence to have the charges dropped at an early stage – saving you the time and expense of a defended hearing.
Our expert defence team can also help you raise any defences to secure a verdict of ‘not guilty’, for example:
- Where you were acting to protect yourself, another person, or your property (self-defence)
- Where you were threatened or coerced into wounding or inflicting grievous bodily harm upon another person (duress)
- Where it was necessary to prevent serious injury or danger (necessity)
Don’t waste time talking to an inexperienced lawyer – get Sydney’s best criminal defence team on your side today and take the first step towards securing a positive outcome in your case.
If you do not wish to fight the charges, you may want to plead guilty as soon as possible. This will show to the court that you have accepted responsibility for your conduct, and in many cases may assist you in obtaining a lesser penalty.
However, before pleading guilty, you should speak to one of our experienced criminal lawyers, who will be able to advise whether there are any available defences that you can raise, which may result in a finding of ‘not guilty.’
If you are considering pleading guilty, you should familiarise yourself with the possible penalties that you could face.
The maximum penalties for this offence depend on the type of conduct, as well as whether you were with someone else (in company) when you committed the offence:
|Relevant Section||Offence||Maximum Penalty|
|S 35(1)||Recklessly cause grievous bodily harm in company||14 years imprisonment, with standard non-parole period of 5 years.|
|S 35(2)||Recklessly cause grievous bodily harm||10 years imprisonment, with standard non-parole period of 4 years.|
|S35(3)||Reckless wounding in company||10 years imprisonment, with standard non-parole period of 4 years.|
|S35(4)||Reckless wounding||7 years imprisonment, with standard non-parole period of 3 years.|
However, these are the maximum penalties only, meaning that they will only apply in the most serious of cases.
The judge will determine the appropriate penalty after considering all the facts and circumstances of your case. Our persuasive advocates can help you achieve a more lenient outcome by presenting your case in a positive light.
The various penalties that the court can impose include:
- Section 10 Dismissal
- Conditional Release Order
- Community Correction Order
- Intensive Correction Order
You can maximize your chances of getting a favourable penalty by getting an experienced criminal lawyer on your side, with a proven track record of fighting and winning these types of matters.
As the law is intrinsically complex, it can be difficult to understand what a reckless wounding or grievous bodily harm charge can affect your life.
We have included some additional detailed information below to help you understand the law in relation to this offence.
What does the prosecution need to prove?
Before you can be found guilty of recklessly wounding or inflicting grievous bodily harm, the prosecution must prove two things beyond a reasonable doubt:
1) That you caused a wound, or inflicted grievous bodily harm upon another person
A wound is generally defined as an injury that results when both layers of the skin are broken; for example, a deep cut or a split lip.
Grievous bodily harm is defined as ‘really serious harm’ – including permanent and serious disfigurement. Examples include broken bones, damage to internal organs, or the killing of a foetus.
2) That the wound or grievous bodily harm was caused by your recklessness
The offence of reckless wounding or grievous bodily harm applies in situations where you did not intend to wound another person or inflict grievous bodily harm, but where this type of physical injury came about as a result of your recklessness.
Recklessness refers to situations where you knew, or should have known that your actions could cause wounding or grievous bodily harm, but you continued to act anyway – for example, where you were waving a knife around carelessly and it cut someone, or where you punch someone and break a bone.
What penalties could I face?
As detailed above, the type of penalty that will apply in your case depends on your conduct, as well as whether it was committed in company.
In determining the appropriate penalty, the court will consider the extent of the injury caused, as well as other factors, including whether you have a previous criminal record, and whether you have demonstrated remorse (whether you have shown that you are sorry).
Statistics indicate that the most common penalty in recklessly causing grievous bodily harm cases is imprisonment (88%). The average term of imprisonment is 36 months, with a non-parole period of 18 months. This means that the average amount of time that you will spend in prison is 18 months.
For reckless wounding offences, the most common penalty is imprisonment (55%), followed by a suspended sentence (29.8%). The median term was 30 months, with an average non-parole period of 18 months.
Why Sydney Criminal Lawyers®?
If you’ve been charged with recklessly causing grievous bodily harm or wounding, it is vital that you seek the assistance of an experienced criminal lawyer who is best placed to represent you in these types of matters.
At Sydney Criminal Lawyers®, we have an excellent track record of defending clients in reckless wounding and grievous bodily harm matters.
Our expert lawyers dedicate the time and effort in each and every case to examine all the evidence to find problems with the prosecution case and raise any possible defences to your conduct.
By raising these issues early on, we can push to have the charges dropped without going to court – sparing you the stress and expense of a trial.
Should the matter proceed to a trial, we guarantee that you will be represented by one of our senior defence lawyers – Accredited Criminal Law Specialists who have been recognized for their knowledge and experience in dealing with serious criminal cases.
And, should you wish to plead guilty, our criminal law specialists will prepare compelling ‘sentencing submissions’ which highlight any factors which reduce the seriousness of your actions.
When it comes to your future, get the criminal law experts on your side. Call us today on (02) 9261 8881 and find out how we can help you beat your ‘reckless wounding or grievous bodily harm’ case.