Causing Grievous Bodily Harm
Causing Grievous Bodily Harm is an offence under Section 54 of the Crimes Act 1900, which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You caused grievous bodily harm to another person, and
- You did so by an unlawful or negligent act or omission
‘Grievous Bodily Harm’ has been defined as ‘really serious harm’, it includes, but is not limited to:
- Any permanent or serious disfigurement
- The destruction of a foetus, other than by a medical procedure, or
- Any grievous bodily disease
The terms ‘unlawful’ and ‘negligent’ are not defined by the legislation. However, the courts have found that an unlawful act must be a “dangerous act”, and that a ‘negligent act’ is one that exhibits “such a high degree of disregard for the life and safety of others as to be regarded as a crime against the community generally”. This is a higher test than that which applies to traffic offences, such as negligent driving.
Defences to the charge include:
- Self-defence
- Duress, and
- Necessity
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