Threat to Inflict GBH
In the ACT, it is a criminal offence to threaten to inflict grievous bodily harm on another person. The maximum penalty for this offence is 5 years’ imprisonment.
The maximum penalty is increased to 7 years’ imprisonment if the offence is aggravated. An aggravated offence is where the offence involve family violence.
What is threatening to inflict grievous bodily harm?
Pursuant to section 31 of the Crimes Act 1900 (ACT) a person who threatens to inflict grievous bodily harm on another person, and that person reasonably fears the threat would be carried out is guilty of an offence of threatening to inflict grievous bodily harm.
Grievous bodily harm is defined as ‘really serious injury’ and includes permanent or serious disfiguration of a person. For example: jaw and skull fractures, loss of limb, broken leg resulting in permanent metal plates.
The following acts constitute threatening to inflict grievous bodily harm:
- You threaten your partner that you will burn them with a hot iron if they leave you;
- You threaten to stab someone if they come to your house;
- You threaten to run someone over.
What must be proven?
For a person to be found guilty of threatening to inflict grievous bodily harm the prosecution must prove each of the following matters beyond a reasonable doubt:
- You threatened to do an act that would cause a person to sustain an injury; and
- The act threatened would be unlawful or negligent; and
- The injury sustained would amount to grievous bodily harm; and
- The person threatened reasonably feared you would carry out the threat.
If the prosecution do not prove every single one of the above elements, you will be found not guilty.
What Court Will Hear the Matter?
This offence is indictable, which means that it can be dealt with in either the Magistrates Court or the Supreme Court.
The prosecution can elect for your matter to remain in the Magistrates Court, where the maximum penalty is reduced two years’ imprisonment. If the prosecution does not elect summary jurisdiction, you can consent to the jurisdiction of the Magistrates Court which means that your matter will remain in the Magistrates Court. Alternatively, your matter will be committed to the Supreme Court and you will appear before a Judge and/or jury.
Possible defences to threatening to inflict grievous bodily harm
The following defences may be available for a causing grievous bodily harm charge:
- The injury threatened to be inflicted was not so serious as to amount to grievous bodily harm;
- The act threatened was not unlawful or negligent;
- The act was done in self-defence.
Common questions about threatening to inflict grievous bodily harm
Will I receive a criminal conviction?
A conviction and criminal record for this offence is very likely.
In the ACT, a court can impose any of the following penalties for threatening to inflict grievous bodily harm charge:
- Gaol sentence;
- Intensive Corrections Order (ICO);
- Suspended Sentence;
- Good Behaviour Order;
- Fine;
- Non-conviction with Good Behaviour Order; or
- Non-conviction dismissal
The consequences of a conviction can be serious depending on what you do for a living. Some jobs require you to have no criminal convictions and a conviction for threatening to inflict grievous bodily harm might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover, a conviction for an offence of violence can completely rule out certain career paths such as teaching, and a range of government employment options. Violent offences may also result in sentences that include imprisonment, even where an individual has no previous convictions.
Will I go to Gaol for a threatening to inflict grievous bodily harm charge?
If you are found guilty of this offence, you may be sentenced to a term of full-time imprisonment, even if you have no prior criminal history. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things. In particular, if you are found guilty of an aggravated offence, the risk of imprisonment is significantly increased.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.