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:
- You caused grievous bodily harm to another person, or you wounded another person, and
- You intended to do so
‘Grievous bodily harm’ (GBH) is defined as ‘very 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, and
- 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:
- Self-defence
- Duress, and
- Necessity
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