Causing Grievous Bodily Harm

In the ACT, if you cause an injury to be suffered by another person and they suffer a really serious injury you can be found guilty of an offence of causing grievous bodily harm. The maximum penalty for this offence is 5 years’ imprisonment. 

An offence of causing grievous bodily harm carries a maximum penalty of 5 years’ imprisonment. 

You can also be charged with more serious offences relating to recklessly or intentionally inflicting grievous bodily harm [hyperlink to inflicting GBH article] and they carry significant penalties ranging from 13 to 25 years imprisonment. 

What is causing grievous bodily harm?

This offence is contained in section 25 of the Crimes Act 1900 (ACT). For a person to ‘cause’ harm it can be done if a person acts, or fails to act, negligently, or if they act, or fail to act, unlawfully, which results in an injury amounting to grievous bodily harm to another person. 

• Grievous bodily harm is defined as ‘really serious injury’ and includes permanent or serious disfiguration of a person. 

The following acts constitute causing grievous bodily harm:

• Throwing a rock at oncoming traffic which results in really serious injuries to the driver of a car; or
• Lighting fireworks in a crowded area, which results in a person in the crowd suffering serious burns.

What must be proven?

For a person to be found guilty of causing grievous bodily harm the prosecution must prove each of the following matters beyond a reasonable doubt: 

• You committed an act, or failed to do something; and 
• The act or omission resulted in another person suffering a really serious injury; and 
• The act or omission was done intentionally or recklessly. 

If the prosecution do not prove every single one of the above elements, you will be found not guilty. 

Which 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 causing grievous bodily harm

The following defences may be available for a causing grievous bodily harm charge:

• the injury suffered by the person was not so serious as to amount to grievous bodily harm;
• the act which caused the person to suffer grievous bodily harm was not unlawful or negligent; or 
• the act was done in self-defence. 

Common questions about causing 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 a causing 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 causing 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 causing 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.