Recklessly Causing Grievous Bodily Harm (GBH) or Wounding
Grievous bodily harm (GBH) refers to significant injuries such as:
- Broken bones or fractures
- Permanent disfigurement
- Severe internal injuries
- Injuries that endanger life or require long-term medical treatment
RGBH charges require proof of recklessness rather than intent to harm, but the victim must suffer severe harm that is more than a trivial injury.
Under Section 45 of the Crimes Act 1900, RGBH is defined as reckless conduct that causes grievous bodily harm. The maximum penalties are:
- Imprisonment: Up to 10 years
- Imprisonment (in company): Up to 14 years
This charge involves a reckless disregard for the safety of others, and penalties depend on factors such as injury severity and prior convictions.
Elements the Prosecution Must Prove
To convict someone of RGBH, the prosecution must prove:
- Reckless Conduct – The accused acted recklessly, without regard for the victim's safety.
- Grievous Bodily Harm – The assault resulted in significant harm to the victim.
- Causation – The defendant's actions directly caused the injury.
Additionally, the prosecution must rule out any lawful justifications for the act.
Possible Defences
Defences may include:
- Self-Defence – If the accused acted to protect themselves or others from imminent harm.
- Duress – If the accused was forced to commit the act due to threats of serious harm.
- Necessity – If the action was taken to prevent greater harm from occurring.
- Lack of Recklessness – If the accused did not act recklessly or did not foresee the risk of harm.
A qualified lawyer can evaluate the circumstances of your case to develop an effective defence.
Potential Penalties
Penalties for RGBH depend on the case's seriousness and circumstances, including:
- Section 10 Dismissal – No conviction recorded
- Conditional Release Order (CRO) – A good behaviour bond
- Community Correction Order (CCO) – A supervised order
- Intensive Correction Order (ICO) – A custodial sentence served in the community
- Imprisonment – Up to 10 years in prison
The court considers injury severity and prior criminal history when determining the sentence.
Legal Process
& Options
If charged with RGBH, the legal process includes an investigation, court hearing, and potentially a trial. The outcome depends on whether the accused pleads guilty or not guilty. Legal representation is crucial to ensure the best possible outcome, whether through a defended hearing or plea negotiation.
Pleading
Not Guilty
If you dispute the charges, pleading not guilty allows your lawyer to challenge the evidence, question the credibility of witnesses, and argue that the injuries were not as severe as claimed. If the prosecution fails to prove their case, you may be acquitted.
Pleading
Guilty
Pleading guilty may result in a more lenient sentence, particularly if you show remorse and cooperate. The court may consider factors such as:
- No prior criminal record
- Character references
- Remorse and rehabilitation efforts
A guilty plea could lead to a reduced sentence, potentially avoiding lengthy imprisonment.
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Here is some general information about various assault charges and how our criminal defense team can help you:
If you have been charged with assault, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can give you professional advice.
Definition : Physical violence is the use of physical force to harm or threaten a victim.
Expression :
- Pushing, hitting, kicking, slapping
- Using weapons or objects to injure the victim
- Choking, tying up or restraining the victim
Impact : Physical violence not only causes obvious physical harm, but can also lead to long-term health problems and psychological trauma.
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