This type of assault is considered very serious, and can often lead to terms of imprisonment.
You may be charged if you have caused grievous bodily harm to another, and was reckless in doing so. Reckless is defined as less than ‘intentional’ but is more than just ‘careless’ or ‘negligent’. The court must be satisfied that the person knew or should have known that their acts would possibly cause grievous bodily harm.
In other words, one must be aware that there is a risk of GBH, however chose to ignore that risk.
Plead not guilty
In order to be convicted of recklessly inflicting grievous bodily harm, the police must prove beyond a reasonable doubt that:
- You inflicted grievous bodily harm, being “really serious” injury, upon a person;
- The act was done recklessly, meaning you realised that the particular kind of harm in fact done might be inflicted.
If any of the above elements cannot be proven beyond reasonable doubt, then you will be found not guilty of the offence.
If the above elements can be proven beyond reasonable doubt, you will still be found not guilty if any of the following defences can be established:
Our experienced criminal lawyers will advise you of your prospects of successfully defending any charge brought against you and fight to have you found not guilty of the offence.
If you agree with what the police are alleging against you, the way to get the best result is often to plead guilty as it demonstrates remorse and contrition as well as meaning that you will be entitled to a discount on your sentence. Alternatively, it may be the case that one of our experienced solicitors can negotiate with prosecutors for you to plead guilty to a less serious charge. Click here to find out more about charge negotiations with police.
The offence of Recklessly inflicting grievous bodily harm carries a maximum penalty of 2 years imprisonment in the Local Court and 10 years imprisonment in the District Court. If the offence is committed in company then the maximum penalty is 14 years imprisonment. The offence of Recklessly causing grievous bodily harm is an extremely serious one and if you are charged with this offence, we advise that you contact one of our solicitors immediately. Penalties for this offence generally range from community service and suspended sentences to full time imprisonment.
Generally, penalties that a court can impose for any criminal offence in NSW are: