201 Elizabeth Street
Sydney NSW 2000
99 William Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Contact Armstrong Legal:
Sydney: (02) 9261 4555
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.
The Courts have defined grievous bodily harm to mean a really serious injury.
In order for the police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.
1. Grievous bodily harm was occasioned to any person.
2. Through any of the following:
It will be necessary for the police to prove that the accused was the person who committed the offence.
The Crimes Act provides a defence to the offence. Section 52A(iii) Crimes Act states:
1. It is a defence to any charge under this section if grievous bodily harm occasioned by the impact was not in any way attributable:
Other possible defences to this offence include but are not limited to
Section 52A(iii) of Crimes Act states:
A person is guilty of the offence of dangerous driving occasioning grievous bodily harm if the vehicle driven by the person is involved in an impact occasioning grievous bodily harm to another person and the driver was, at the time of the impact, driving the vehicle:
A person convicted of an offence under this subsection is liable to imprisonment for 7 years.
Aggravated dangerous driving occasioning grievous bodily harm
A person is guilty of the offence of aggravated dangerous driving occasioning grievous bodily harm if the person commits the offence of dangerous driving occasioning grievous bodily harm in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 11 years.
In NSW, traffic offences are treated seriously. Therefore, it is important to get competent legal advice as early as possible, whether you have received a penalty notice, had your licence suspended or been charged with a serious offence. Our lawyers are highly experienced and understand the difficulties you face without a licence. We can guide you through the process while dealing with the various authorities related to your matter.