Grievous Bodily Harm Charges in New South Wales
Wounding or causing grievous bodily harm (GBH) with intent is among the most serious assault offences in New South Wales. It is a strictly indictable offence, meaning it must be dealt with in the District Court and cannot be finalised in the Local Court.
What the Law Says
Under section 33(1) of the Crimes Act 1900 (NSW), a person is guilty of this offence if they:
Wound any person, or
Cause grievous bodily harm to any person,
With intent to cause grievous bodily harm to that or any other person.
The offence carries a maximum penalty of 25 years’ imprisonment.
To secure a conviction, the prosecution must prove two elements beyond reasonable doubt:
That the accused wounded or caused GBH to another person, and
That the accused intended to cause grievous bodily harm at the time of the act.
Because it involves both physical harm and specific intent, this offence is treated extremely seriously by the courts and can lead to substantial prison terms upon conviction.
What Is Grievous Bodily Harm in NSW?
In New South Wales, grievous bodily harm (GBH) is defined under section 4 of the Crimes Act 1900 (NSW). It refers to the most serious forms of physical injury and includes:
Any permanent or serious disfiguring of the person
The contraction of a grievous bodily disease, such as a serious or life-altering infection
The term also carries its common law meaning of “really serious bodily injury.” Examples may include:
Broken bones
Internal organ damage
Injuries requiring surgery
Loss of a limb or serious scarring
Whether an injury amounts to GBH depends on its severity and long-term impact, assessed in the context of the offence.
What Is Wounding Under NSW Law?
In New South Wales, wounding is treated as a serious form of physical injury under the Crimes Act 1900 (NSW). For a charge of wounding with intent, the law requires proof that the injury involved a breaking or cutting of the inner layer of the skin, not just a surface-level injury.
To establish wounding, the prosecution must show:
The skin was broken through both the outer (epidermis) and inner (dermis) layers
There was more than superficial damage, such as a deep cut or puncture
Common examples of wounding include:
Knife wounds
Glass cuts
Deep lacerations or punctures from blunt force trauma
What Is Reckless Grievous Bodily Harm?
Under section 35(2) of the Crimes Act 1900 (NSW), a person commits the offence of reckless grievous bodily harm (GBH) if they:
Cause grievous bodily harm to another person, and
Do so recklessly as to causing actual bodily harm
This offence does not require proof of intent to cause serious injury. It is enough that the person foresaw the possibility of causing actual bodily harm and acted regardless, resulting in grievous bodily harm.
Maximum penalty: 10 years’ imprisonment
What Is Reckless Wounding?
Under section 35(4) of the Crimes Act 1900 (NSW), a person commits the offence of reckless wounding if they:
Wound another person, and
Do so recklessly as to causing actual bodily harm
This offence does not require intent to cause serious injury. It is sufficient that the person foresaw the possibility of causing actual body harm and acted anyway — resulting in a wounding injury.
Possible Defences to Grievous Bodily Harm and Wounding Charges
Self-Defence
Under section 418 of the Crimes Act 1900 (NSW), a person is not criminally responsible for an offence if they acted in self-defence.
To establish self-defence, two key elements must be satisfied:
The accused believed their conduct was necessary to:
Defend themselves or another person, or
Prevent or end the unlawful deprivation of liberty (their own or another’s), or
Protect property from unlawful taking, destruction, or interference, or
Prevent criminal trespass or remove someone committing such trespass, and
The accused’s actions were a reasonable response in the circumstances as they perceived them.
If self-defence is raised, the prosecution must prove beyond reasonable doubt that the accused did not act in self-defence. If they cannot do so, the accused must be found not guilty.
FREQUENTLY ASKED QUESTIONS
What does grievous bodily harm mean under NSW law?
Grievous bodily harm (GBH) refers to the most serious forms of physical injury under section 4 of the Crimes Act 1900 (NSW). It includes:
Permanent or serious disfigurement
The destruction of a fetus (except by lawful abortion)
The contraction of a grievous bodily disease
Examples may involve broken bones, serious burns, internal organ damage, or loss of a limb.
Is there a minimum sentence for grievous bodily harm in NSW?
There is no mandatory minimum sentence for grievous bodily harm offences in NSW. However, courts treat these charges seriously, and lengthy prison sentences are common, especially where the injury is severe or intentional.
Sentencing depends on factors such as:
The degree of injury
Whether the harm was intentional or reckless
The offender’s subjective case
What is the sentence for grievous bodily harm in NSW?
The maximum penalty for GBH with intent under section 33(1) Crimes Act 1900 (NSW) is 25 years’ imprisonment.
Other GBH-related offences carry lower maximum penalties:
Reckless GBH: Up to 10 years
Reckless GBH in company: Up to 14 years
Can you go to jail for reckless grievous bodily harm in NSW?
Yes. Reckless grievous bodily harm is a serious criminal offence, and imprisonment is a common outcome, especially if the injury is substantial.
Even if the act wasn’t intended to cause serious harm, recklessly ignoring the risk of injury may still lead to a conviction and custodial sentence.
What is the difference between reckless wounding and wounding with intent?
The key difference lies in intent:
Wounding with intent (s 33) requires proof that the accused deliberately intended to cause grievous harm or wounding. It carries a maximum of 25 years.
Reckless wounding (s 35) requires proof that the accused was reckless, not intentional, in causing harm. The maximum penalty is 7 years, or 10 years if in company.
Facing Criminal Charges in NSW?
These are serious criminal offences that carry the risk of lengthy imprisonment. Whether you’re accused of acting with intent or recklessness, early legal advice can make all the difference.
Contact AMA Legal today for trusted representation by experienced criminal defence lawyers.
Call (02) 8610 3764 or request a free consultation below.
RELATED PAGES ⇒ Assault Occasioning Actual Bodily Harm
While common assault does not involve actual bodily harm, more serious assaults resulting in bodily injury may be charged as assault occasioning actual bodily harm under section 59 of the Crimes Act 1900 (NSW).
Learn more about assault occasioning bodily harm in NSW.
RELATED PAGES ⇒ Affray Charge NSW
Affray is a public violence offence under section 93C of the Crimes Act 1900 (NSW). It involves unlawful conduct that would cause a person of reasonable firmness to fear for their safety.
Learn more about charges of affray in NSW.
