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Causing Grievous Bodily Disease
The Law
Section 36 of Crimes Act 1900 states:
A person:
(a) who maliciously by any means causes another person to contract a grievous bodily disease, or
(b) who attempts maliciously by any means to cause another person to contract a grievous bodily disease, with the intent in any such case of causing the other person to contract a grievous bodily disease, is liable to imprisonment for 25 years.
Maximum Penalty
What the Police Must Prove
In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
- The accused caused another person to contract a grievous bodily disease.
- The act was done maliciously.
It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.
Possible Defences
Possible defences to this offence include but are not limited to
What court is likely to hear the matter
This matter is strictly indictable which means that it can only be finalised in the District Court.
Disclaimer
The information contained in this page was accurate at the time it was published. You should confirm the accuracy of this information with us or another solicitor before relying upon it. For free confirmation please contact Armstrong Legal.
It is most important that you understand that each criminal case is different. While the material in this page is intended to be relevant to the majority of cases, it may not apply to every case.
Phone: 02 9261 4555 Accredited Specialists in Criminal Law & Quality Endorsed Legal Practice - Law 9000 (based on ISO 9001).
