Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Wounding With Intent of Causing Grievous Bodily Harm
In NSW it is an offence to wound someone with the intention of causing ‘grievous bodily harm’. Wounding means doing something to hurt someone that causes a break in the skin. ‘Grievous bodily harm’ or GBH is a legal term for very serious injuries including permanent or serious disfigurement.
A person can be charged with this offence if they cause a wound, which includes a cut, gash or any injury where the skin is broken so long as they also have the intention to cause them an injury so serious that it amounts to ‘grievous bodily harm’.
The maximum penalty is 25 years imprisonment.
Wounding with intent to cause grievous bodily harm is a serious offence that can be difficult to prove. There is a less serious charge of reckless wounding where there is no intention, or where police cannot prove that the person intended to cause an injury so serious to amount to grievous bodily harm.
In NSW, a court can impose any of the following penalties for a reckless wounding charge.
- Prison Sentence
- Home Detention
- Intensive Corrections Order (ICO)
- Suspended Sentence
- Community Service Order (CSO)
- Community Corrections Orders (CCO)
- Good Behaviour Bond
- Section 10A
- Conditional Release Order (CRO)
- Section 10
The Offence Of Wounding Or Cause Grievous Bodily Harm With Intent:
The offence of ‘Wounding with intent’ is contained in s 33 of the Crimes Act 1900 (NSW) and states:
A person who:
- wounds any person, or
- 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. Maximum penalty: Imprisonment for 25 years.
What Actions Might Constitute Wounding With Intent?
Common examples of Wounding with Intent include:
- Cutting someone by glassing them in the face;
- Running someone over with your car, causing the bone in their leg to break and puncture through the skin;
- Stabbing someone multiple times; or
- Cutting off someone’s arm with a chainsaw.
What The Police Must Prove:
To convict you of Wounding with Intent, the prosecution must prove each of the following matters beyond reasonable doubt:
- You wounded a person.
- The act was done recklessly as to causing actual bodily harm – to prove a wounding offence, the prosecution must prove beyond reasonable doubt that, at the time of the wounding, the accused realised some physical harm may be caused and the actions were still taken and injury to a requisite level was caused.
Which Court Will Hear Your Matter?
The offence is strictly indictable and can only be finalised in the District or Supreme Court.
Possible Defences for Wounding Or Cause Grievous Bodily Harm With Intent
The most common ways to defend this charge are:
- To maintain your innocence if you did not commit the act;
- To argue that the assault you committed was not wounding;
- To argue that you did not intend to cause an so serious it would constitute ‘grievous bodily harm’; or
- To raise necessity, duress or self-defence as the reason for your conduct.
Types of penalties:
Home Detention for a wounding with intent charge: As a result of amended legislation this penalty was repealed on 24 September 2018 as a standalone order but may be imposed as a condition of an Intensive Corrections Order (ICO). Home detention is an alternative to full-time imprisonment. In effect the gaol sentence is served at your address rather than in a gaol. If you receive a sentence of home detention you will be strictly supervised and subject to electronic monitoring. Read more.
Intensive corrections order for a wounding with intent charge (ICO): This option has replaced periodic detention. The court can order you to comply with a number of conditions, such as attending counselling or treatment, not consuming alcohol, complying with a curfew and performing community service. Read more.
Suspended sentence for a wounding with intent charge: As a result of amended legislation this penalty was repealed on 24 September 2018. This is a jail sentence that is suspended upon you entering into a good behaviour bond. Provided the terms of the good behaviour bond are obeyed the jail sentence will not come into effect. A suspended sentence is only available for sentences of imprisonment of up to two years. Read more.
Community service order for a wounding with intent charge. (CSO): As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This involves either unpaid work in the community at a place specified by probation and parole or attendance at a centre to undertake a course, such as anger management. In order to be eligible for a CSO you have to be assessed by an officer of the probation service as suitable to undertake the order. Read more.
Good behaviour bond for a wounding with intent charge: As a result of amended legislation this penalty was repealed on 24 September 2018 and replaced with a Community Corrections Order (CCO). This is an order of the court that requires you to be of good behaviour for a specified period of time. The court will impose conditions that you will have to obey during the term of the good behaviour bond. The maximum duration of a good behaviour bond is five years. Read more.
Community Corrections Orders (CCO): A CCO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the Community Corrections Orders (CCO). Additional conditions may be imposed at the discretion of the court, both at the time of sentence and subsequently upon application by a community corrections officer, juvenile justice officer or the offender. Read more.
Fines for a wounding with intent charge: When deciding the amount of a fine for a reckless wounding charge the magistrate or judge should consider your financial situation and your ability to pay any fine they set. Read more.
Conditional Release Order (CRO): A CRO involves the standard conditions that an offender must not commit any offence and that the offender must appear before the court if called on to do so at any time during the term of the CRO. Read more.
Section 10 for a wounding with intent charge: avoiding a criminal record. Normally, when you plead guilty to a criminal offence, the court imposes a penalty and records a conviction. If the court records a conviction, you will have a criminal record. However, if we can convince the court not to convict you, there will be no penalty of any type and no criminal record. In all criminal cases, the court has the discretion not to convict you, but to give you a Section 10 dismissal instead. Read more.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
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