Wounding with Intent of Causing Grievous Bodily Harm
The offence of Wounding with Intent carries a maximum penalty of 25 years imprisonment.
What is Wounding with Intent?
This offence applies where a person unlawfully wounds or causes grievous bodily harm to another person with the specific intent to cause such harm.
The offence of Wounding with Intent is defined in section 33(1) of the Crimes Act 1900 (NSW), which states:
(1) A person who:
(a) wounds any person, or
(b) causes grievous bodily harm to any person,
with intent to cause grievous bodily harm to that or any other person is guilty of an offence.
Wounding refers to the breaking or cutting of the skin, which includes both the outer layer (epidermis) and the inner layer (dermis).
Grievous Bodily Harm (GBH) refers to really serious injury, which can include:
- Permanent or serious disfigurement.
- The destruction of a foetus.
- Any grievous bodily disease.
What Must Be Proven?
To prove Wounding with Intent, the Prosecution must establish each of the following elements beyond a reasonable doubt:
- You wounded or caused grievous bodily harm to another person.
- You did so with the intent to cause grievous bodily harm to that person or another person.
If the Prosecution cannot prove both elements, beyond a reasonable doubt, you must be found not guilty.
Which Court Will Hear the Matter
This offence is Strictly Indictable, which means that it must be finalised (either by way of a trial or sentence) in the District Court or Supreme Court. The matter will still start in the Local Court and it will be subject to the Early Appropriate Pleas of Guilty (EAGP) Scheme.
Possible Defences to Wounding with Intent
The following defences may apply to a charge of Wounding with Intent:
- Self-defence.
- Duress.
- Mental illness.
- Lack of intent.
Common Questions About Wounding with Intent
Will I receive a criminal conviction?
A conviction for Wounding with Intent is likely to result in a criminal record.
What are the possible penalties?
The Court can impose any of the following penalties:
- Full-time imprisonment
- Intensive Corrections Order (ICO)
- Community Corrections Orders (CCO)
- Conditional Release Order with conviction (CRO)
- Fine
- Conditional Release Order without conviction (CRO)
- S10A
- Section 10
Will I go to Gaol?
Imprisonment is a real possibility for Wounding with Intent, particularly for serious or premeditated offences. However, the Court may consider alternatives to custody in appropriate cases.