Maliciously Inflict Grievous Bodily Harm

The Law - Malicious infliction of grievous bodily harm 

Section 35 of Crimes Act 1900 states:

1. Whosoever maliciously by any means: (a) wounds any person, or (b) inflicts grievous bodily harm upon any person, shall be liable to imprisonment for 7 years.
2. A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in the company of another person or persons. A person convicted of an offence under this subsection is liable to imprisonment for 10 years.  

---

Definition - grievous bodily harm 

The Courts have defined grievous bodily harm to mean a really serious injury.

---

Maximum penalty 

The maximum penalty for the offence of malicious infliction or grievous bodily harm is 7 years imprisonment.  However if an accused person commits the offence in company with another person the maximum penalty is 10 years.

---

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.

1. The accused inflicted grievous bodily harm upon a person.
2. 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

Duress

Necessity

Self Defence

Intoxication

---

What court is likely to hear the matter

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court.  If no election is made it will be dealt with in the Local 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.