Grievous Bodily Harm (NSW)

In New South Wales, the Crimes Act defines grievous bodily harm (GBH) as: “any permanent or serious disfiguring of the person, the destruction of a foetus and any grievous bodily disease.” GBH does not necessarily have to be permanent or life-threatening, but the consensus is that it must amount to a ‘really serious’ injury. Whether an injury fits the definition will be determined on a case by case basis with regard to the type of injury, location of the injury and the victim’s prospects of healing and rehabilitation.

There are a number of ways in which a person can be charged with causing grievous bodily harm to another person. Charges can be brought under both the Crimes Act or under the Road Transport Act if the harm was caused whilst operating a vehicle.

If the injury caused does not meet the threshold of GBH, then it may fall under the less serious category of ‘actual bodily harm’.

The offences involving GBH in NSW are outlined below.

Recklessly cause GBH

The offence of recklessly causing GBH is governed by section 43 of the Crimes Act 1900. A person who is found guilty of this offence is liable to up to 10 years imprisonment and up to 14 years imprisonment if they are in company with another person at the time of the offence.

Cause GBH

A person who causes GBH through an unlawful negligent act is liable to imprisonment for up to two years. This offence is governed by section 54 of the Crimes Act 1900.

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Dangerous driving causing grievous bodily harm

Dangerous Driving Occasioning Grievous Bodily Harm is an offence under section 52A of the Crimes Act 1900. A person found guilty of this offence may be sentenced to up to seven years imprisonment of, if the offence is aggravated, up to 11 years.

The offence is an aggravated offence if the person was, at the time of the offence:

• driving at a speed more than 45 km per hour over the speed limit;
• over the legal BAC limit;
• escaping pursuit by the police; or
• under the influence of a drug.

Negligent driving causing grievous bodily harm

Negligent Driving Occasioning Grievous Bodily Harm is an offence under section 117 of the Road Transport Act 2013. A person who commits this offence for the first time is liable to a fine of 20 penalty units or imprisonment for nine months, or both. A person who commits this offence for the second or subsequent time is liable to a fine of up to 50 penalty units or imprisonment for two years, or both.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.