Recklessly Causing Grievous Bodily Harm or Wounding
Recklessly causing grievous bodily harm (GBH) or wounding in a domestic violence context is a serious offence under NSW law. It involves causing severe injury without intent but with recklessness, meaning the accused foresaw the harm but proceeded regardless. This offence carries severe penalties, including imprisonment.
Under Section 35 of the Crimes Act 1900 (NSW), recklessly causing GBH or wounding is an indictable offence with a maximum penalty of 10 years' imprisonment.
Definitions:
- Grievous Bodily Harm (GBH): Includes serious injuries such as broken bones, internal organ damage, permanent disfigurement, and fetal death (excluding lawful medical procedures).
- Wounding: Involves breaking both layers of the skin, such as deep cuts or puncture wounds.
- Recklessness: The accused did not intend to cause the injury but was aware that their actions could result in harm and proceeded anyway.
Elements the Prosecution Must Prove
To secure a conviction, the prosecution must establish the following elements beyond a reasonable doubt:
The Existence of a Domestic Relationship:
- Marriage or de facto partnership (current or former)
- Family members living together (e.g., parents and children)
- Carer relationships (e.g., caregiver for an elderly or disabled person)
- Relatives of the protected person
- Indigenous kinship relationships
Elements of the Offence:
- The accused’s actions caused GBH or wounding.
- The injury was the direct result of reckless behaviour.
- The accused foresaw the potential for harm but proceeded regardless.
Possible Defences
A strong legal defence can significantly impact the outcome of your case. Common defences include:
- Self-defence – Acting to protect oneself or another from imminent harm.
- Duress – Being coerced or threatened into committing the act.
- Necessity – Acting to prevent greater harm.
Potential Penalties
Penalties for recklessly causing GBH or wounding vary based on case severity and individual circumstances. Possible outcomes include:
- Imprisonment – The most common penalty, with an average term of 36 months (18 months non-parole).
- Fines – Court-imposed monetary penalties.
- Good behaviour bonds – Supervised release with strict conditions.
- Community-based orders – Mandated community service or rehabilitation.
Legal Process
& Options
Seek expert legal advice before making this decision.
Pleading
Not Guilty
If you choose to plead not guilty, our experienced defence team will assess the police evidence and build a strong case to challenge the prosecution’s claims. Contact Brightstone Legal immediately to discuss your defence strategy.
Pleading
Guilty
If the evidence against you is strong, pleading guilty early may result in a more lenient sentence. However, understanding the legal implications is crucial.
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Here is some general information about various domestic violence charges and how our criminal defense team can help you:
If you are charged with domestic violence, you need to contact Brightstone Legal criminal lawyers for legal advice. Hiring an experienced criminal lawyer can provide you with professional advice.
Definition : Economic control is the manipulation and restriction of a victim's economic resources to control their behavior and freedom.
Expression :
- Prohibiting the victim from working or limiting their job options
- Control over the victim’s income, bank accounts, and financial decisions
- Denying living expenses or depriving victims of basic necessities
Impact : Financial control can cause victims to lose their financial independence, increase their dependence on the abuser, and make it difficult to escape the violent relationship.
Definition : Emotional or psychological abuse is the violation and control of the victim's psychological well-being through words, behavior or other means.
Expression :
- Persistently demeaning, insulting, or humiliating the victim
- Threatening, intimidating or manipulating the victim
- Isolate the victim and limit contact with family and friends
- Threatening victims with children or pets
Impact : Emotional abuse can seriously affect the victim's self-esteem and confidence, and may lead to psychological problems such as anxiety and depression.
Domestic violence includes physical violence, mental/psychological abuse, sexual violence, economic control and social isolation. These forms of violence control and infringe upon the victim through physical harm, verbal insults, forced sexual behavior, economic manipulation and social restriction, causing serious physical and mental health problems and long-term psychological trauma, and causing the victim to lose self-esteem, freedom and external support.
The following are the specific types:
1. Criminal penalties
- Physical violence : Under the Criminal Code, engaging in physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may constitute a criminal offense and is punishable by law.
2. Breach of a domestic violence order
- Violating a protection order : If the offender violates a protection order, they may face fines, jail time, or other legal consequences.
1. State and Territory Laws
- Each state and territory has its own laws to deal with family violence cases, for example, the Crimes (Domestic and Personal Violence) Act 2007 in New South Wales and the Family Violence Protection Act 2008 in Victoria.
2. Domestic Violence Orders ( DVOs )
- Protection Orders : Used to prevent further domestic violence, protection orders may include prohibiting the offender from approaching or contacting the victim.
- Temporary Protection Orders : In emergency situations, victims can apply for a Temporary Protection Order to protect their safety immediately .
3. Criminal Code
- Physical Violence : Using physical violence can result in severe criminal penalties, including imprisonment.
- Harassment and intimidation : Continuous harassment and intimidation may also constitute a criminal offense and be punishable by law.
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