A grievous bodily harm charge can carry with it a sentence of up to 14 years in jail.
Causing grievous bodily harm (also known as GBH) is a criminal offence and an unlawful act mentioned in the Criminal law Code’s Section 320 of Australia. It is a serious charge which, in a more legal sense, is a result of injuries that cause:
Loss of an organ or a vital body part.
Crucial disfigurement.
Any life-risking injury to the body that can cause death if not treated.
Causes that are likely to cause permanent injury to the body.
Many cases relating to grievous bodily harm arise from verbal and or physical violence. GBH is a broad concept and includes the condition of treatment that is or could have been available at the time of injury. The prosecutor is not obliged to prove whether or not one intended to constitute grievous bodily harm to another person. A person can be guilty of grievous bodily harm irrespective of one's intentions. The idea of consent is deemed unnecessary as a person cannot possibly, consent to be harmed or injured in any way.
If found guilty of grievous bodily harm charges a sentence of 14 years of imprisonment can be given. When the legislation is setting out the penalties in each case, the court considers the below.
Personal situation.
Nature of the offence.
Criminal history.
The level of wounding and intent are two crucial factors in determining the severity of the charges.
Intentional grievous bodily harm to someone is a serious crime. The maximum amount of years that one can be sentenced to is 25 years of imprisonment.
According to some statistics, common penalties or sentences for grievous bodily harm in Australia are:
Imprisonment: 88%Average term: 36 months of imprisonment with 18 months non-parole.Reckless wounding offences: 55% imprisonment, 29.8% suspended sentences.Median term: 30 months of imprisonment with 18 months non-parole.If pleading not guilty, the person has to prove attacking the other person in self-defence and had no intention to harm. If found not guilty, they are free of all charges. Charges faced if pleaded guilty include:
Grievous Bodily Harm in company: Maximum penalties include 14 years of imprisonment, five years non-parole.
Grievous Bodily Harm: 10 years of imprisonment, four years of non-parole.
Wounding in company: 10 years of imprisonment, four years of non-parole.
Wounding: 7 years of imprisonment, three years of non-parole.
Local courts cannot deal with GBH cases - usually the Supreme Court. Various defence types are available under different circumstances. The court might consider the following assault charges (distributed in different categories).
Assault included in the Section 61AA in Crimes Act 1900, year 2000.
Any moderate and or reasonable physical force in the course of child discipline.
A reasonable amount of force used, an assault that lasted for a short time, and no harm to the neck or head.
If an individual defended themselves when faced with any sort of danger.
If an individual assumed it was mandatory to retaliate to prevent grievous damage to their body, property or another's, important to protect their liberty.
Assaults included in the Crimes Act 1900, section 418.
Offences under the influence of intoxication, causing grievous harm with intent.
The level of intoxication is considered to determine if they were capable of forming a decision regarding the outcome.
The differences between an assault and grievous bodily harm are outlined below.
Those offence mentioned in the Crimes Act 1900, section 61.
Usually heard in the local or district court.
Maximum penalty of 2 years of imprisonment; fine of $2,200.
Offences involved are kicking, spitting, punching, threatening or hitting.
It is the least serious offence or damage resulting in no bodily pain, damage, harm or injury to a person. If charged with an assault, the concerned person has present in court with the chances of imprisonment and or fine. It may attract a criminal record, but an experienced criminal law lawyer can try to get a No-Conviction Conditional Release Order under section 10.
This is a very serious offence if committed with intent and not for self-defence. It involves using weapons, mostly causing grievous injury, damage, pain or harm to another person. It Includes not just intentional or self-defence acts but also recklessness acts as well. Grievous bodily harm is considered an offence much similar to an attempted murder. A convicted individual will face a maximum penalty of 25 years of jail time. A standard time frame for non-parole is applicable.
Offence included in the Crimes Act 1900, sections 33 - 54.
Heard in the district or Supreme Court.