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Wounding or Causing Grievous Bodily Harm with Intent

Wounding or Causing Grievous Bodily Harm with Intent is an offence under Section 33 of the Crimes Act 1900 which carries a maximum penalty of 25 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You caused grievous bodily harm to another person, or you wounded another person, and
  2. You intended to do so

‘Grievous bodily harm’ (GBH) is defined as ‘very serious harm’. It includes, but is not limited to:

  1. Any permanent or serious disfigurement
  2. The destruction of a foetus, other than by a medical procedure, and
  3. Any grievous bodily disease

‘Wounding’ is the breaking of both layers of the skin being the dermis and epidermis and includes a ‘split lip’.

The offence carries a ‘standard non-parole period’ of 7 years which is a reference point for the sentencing judge when deciding how long you must spend behind bars before being eligible to apply for release on parole.

Defences to the charge include:

  1. Self-defence
  2. Duress, and
  3. Necessity

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