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You may be charged with this offence if you have wounded or caused grievous bodily harm, with the intention to do so. If the intent cannot be proved, then this offence cannot be made out. This is one of the most serious assault charges and can lead to terms of imprisonment.

The important thing to understand about this charge is that the prosecution must prove an ‘intention’ to cause really serious injury, which can be very hard for them to prove.

Your options

Plead not guilty

In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:

  1. You wounded or inflicted grievous bodily harm, being “really serious” injury, upon a person;
  2. The act was done with intent to cause grievous bodily harm.

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.

Plead guilty

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.

The offence of Intentionally causing grievous bodily harm carries a maximum penalty of 25 years imprisonment in the District Court and must be dealt with in the District Court. The offence of Intentionally 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. The penalty for this offence is typically a sentence of full time imprisonment.

Generally, penalties that a court can impose for any criminal offence in NSW are:

Our client was charged with inflicting GBH with intent, following an incident at the family home where our client used a nail gun to fire 3 nails at his step-mother which ultimately entered her skull.

Following months of tough negotiations with the DPP, the charge of Attempted Murder being withdrawn and dismissed, our client pleading guilty to Inflicting GBH with intent.

Adam LY (Principal of LY Lawyers)

 

We issued numerous supboenas seeking the production of historical documents to prove a long history of abuse inflicted upon our client by the victim. A strong defence case was presented at the sentencing hearing.

Judge Sutherland, in June 2020, sentenced our client to a non-parole period of 2 years and 3 months.

An excellent result for our client, considering the seriousness of the offence.

Our client was charged with cause grievous bodily harm with intent, which attracts a maximum penalty of 25 years imprisonment.

Our client, unprovoked and heavily intoxicated, punches the victim outside a night club. The entire incident was captured on CCTV.

The victim sustained a broken jaw and required months of rehabilitation, with the possibility of permanent damage. Police submitted that the punch had the possibility to cause death.

We fought hard for our client in having the charge reduced to a charge of Recklessly Inflicting GBH, avoiding a trial before a jury at Wollongong District Court. The case proceeded to sentencing for the lessor charge.

On sentence, we submitted that our client was a well educated man of good character, and the offence was completely out of the ordinary. We argued that our client has good prospects of rehabilitation, and that recidivism is low.

Our client was sentenced to an Intensive Correction Order (ICO) for one year and 10 months, and 300 hours of community service.

This was an exceptional result, given the seriousness of the matter and the injuries suffered by the victim.

Our Principal Mr. Ly appeared at Parramatta District Court in June 2020, before His Honour Judge Sutherland.

Originally charged with Attempted Murder we successfully had the Charge withdrawn. Our client pleaded guilty to Maliciously Inflicting Grievous Bodily Harm.

After extensive investigations into our client’s family history, and subpoenaed documents from the Department of Family and Community Services, we compiled a detailed history of child abuse and family violence perpetrated against our client when he was a young boy. The material was powerful.

In sentencing, His Honour found the material highly relevant in exercising a degree of leniency in sentencing our client.

It was a difficult case that involved a high level of negotiation with the DPP and preparation for sentencing.

Our client was sentenced to a total sentence of 4.5 years with a Non-Parole period of 2 years 3 months. He had served 18 months at the time of sentencing and was eligible for parole in 9 months.

An exceptional result.

Court: Downing Centre Local Court

Magistrate: Deputy Chief Magistrate Mottley

Facts:
Our client was initially charged of wounding with intent to cause grievous bodily harm, carrying a maximum term of imprisonment of 25 years.

We appeared before Magistrate Schurr at Central Local Court in December 2017, where we applied for bail. Ms. Schurr refused bail on this occasion, citing the strength of the prosecution case based on the facts, and the serious nature of the charge.

Joe from our office got to work immediately, gathering evidence from witnesses that would prove to weaken the prosecution case, particularly in relation to the charge carrying a maximum of 25 years imprisonment. Statements were obtained from witnesses that suggested that the injuries caused without the requisite intent.

We appeared again at Central Local Court and applied for bail on a second occasion, about 3 months later. This time Magistrate Schurr was presented with alternative versions of events by other witnesses, casting doubt on the prosecution case and the intent of our client.

Bail was granted. Under strict conditions.

After tough negotiations, about 6 months later, our client pleaded guilty to a lessor charge of Reckless Wounding, the matter staying in the Local Court for sentencing.

Our client was sentenced to 3 months in jail. This was backdated to the period between 13 November 2017 to 5 February 2018.

He was not required to spend another day in gaol.

Our client was charged with inflicting grievous bodily harm (GBH) with intent. Our client attended a restaurant in Cabramatta over a dispute between himself and our his wife’s boyfriend.

The CCTV footage showed an Asian man of similar appearance to our client, was involved in a scuffle with the victim. CCTV identified our client was in fact involved in the fight which ensued among a group of people. During the fight, the victim was stabbed in the liver which amounted to GBH.

Our client was accused of stabling the victim. However, the only evidence against our client was the victim’s version of events which identified our client holding a knife.

Before Campbelltown District Court, our client admitted to being involved in the fight but gave evidence that he did not stab, or influence anyone else to stab the victim.

Our legal team, consisting of our Solicitor and Barrister, through vigorous cross examination of the witness obtained evidence of the victim’s motive to and get revenge.

The evidence of the foul motive of the victim led the jury, over a short deliberation of one hour, to find our client not guilty. An outstanding result for our client.

Meet our Founder

Adam Ly, B. Ec. (Majoring in Economics), LL.B.

Managing Director and Principal Lawyer

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Contact LY Lawyers Today!

Contact LY Lawyers today for a confidential consultation with an experienced criminal defence lawyer. We are available 24/7 to answer your questions and guide you through the legal process.

We understand you may be feeling lost and overwhelmed by the sheer weight of the charges against you; rest assured that as a leading criminal law firm in Sydney, we are well-versed in the complexities of criminal law and are committed to providing you with the aggressive and effective representation you deserve.

Achieving results one case at a time

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Sarah Davies

Ly Lawyers
5.0
2017-02-01T00:09:03+00:00

Sarah Davies

The team at LY Lawyers were great to deal with, after getting charged with a minor offence. The costs were upfront and affordable. Communication was great and I felt like they really cared about me. If I was ever in trouble again they would be my first point of call for help.

Achieving results one case at a time

What a result from a great team!

Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

John L.

Ly Lawyers
5.0
2017-02-01T01:38:38+00:00

John L.

What a result from a great team! Adam handled my case and put everything he had into it. He's a great lawyer at affordable fees. Would highly recommend.

Achieving results one case at a time

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Todd Hurring

Ly Lawyers
5.0
2017-06-25T22:46:32+00:00

Todd Hurring

Highly recommend! Joseph handled my case and got the result he said i would, communication was great and his advice on what to do to help my case was great, dont hesitate to give them a call if you ever need legal help.

Achieving results one case at a time

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Breno T.

Ly Lawyers
5.0
2017-06-25T22:53:27+00:00

Breno T.

Want to say a big thanks to Adam and the team, was looking at jail without a doubt, already had 2 other common assaults, a GBH, and a fair few other charges on my record and facing another GBH. Never done jail before and thought this was my time for sure. Great service from them, Adam always answered my calls and step me through everything the whole way. Managed to stay out of jail with a ICO order, big win, thanks again, highly recommend

Achieving results one case at a time

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Kim Smith

Ly Lawyers
5.0
2017-06-25T22:53:58+00:00

Kim Smith

I just wanted to say a big thank you to LY Lawyers. My husband just got his sentence at Parramatta District Court last week, expecting to be in jail a lot longer. He was charged with supplying commercial drugs. LY Lawyers represented him with great passion and commitment, all of their staff chipping in to get a short sentence. Only a year to go before he gets out!

Achieving results one case at a time

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

William Song

Ly Lawyers
5.0
2017-06-25T22:54:34+00:00

William Song

It was a pleasure to work with LY Lawyers. They got me off from my charge. Could not thank them enough!

Achieving results one case at a time

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Habib Rahman

Ly Lawyers
5.0
2017-06-25T22:55:09+00:00

Habib Rahman

Joseph was amazing and did a fine job representing me in my case. He got the job done and got me the result I wanted.

Achieving results one case at a time

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Josh Tyler

Ly Lawyers
5.0
2017-06-25T22:56:43+00:00

Josh Tyler

Joseph you did an amazing job representing me at Sydney District court . My prior lawyer didn't do anything for me in the local court, but u guys were great in the district court. Thanks for being patient with me too.

Achieving results one case at a time

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!

Craig H

Ly Lawyers
5.0
2017-06-25T22:57:53+00:00

Craig H

I just wanted to say thank you for helping me with my case and THANK YOU for the section 10!
5.0
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Frequently Asked Questions

Being charged with a criminal offence can be a stressful and confusing experience. At LY Lawyers, we understand the challenges you face.

Here’s a look at some of the most frequently asked questions about criminal law in Sydney, Australia:

A: A criminal defence lawyer is a legal professional who specialises in representing individuals accused of crimes. Their role is to protect your rights throughout the legal process, from the initial investigation, to the court proceedings. Here are some key responsibilities of a criminal defence lawyer:

  • Investigating the case: They gather evidence, interview witnesses, and analyse the prosecution's case to build a strong defence.
  • Providing legal advice: They will explain your legal rights and options and explore your potential defences, guiding you through the complexities of the criminal justice system.
  • Negotiating with prosecutors: They may negotiate plea bargains to potentially reduce charges or penalties.
  • Representing you in court: They will advocate for you in court hearings and trials, presenting your defence arguments.

A: A traffic lawyer is a specialised type of criminal defence lawyer who focuses on traffic offences. These can range from minor speeding tickets to more serious charges like drink driving or driving without a licence. A traffic lawyer can:

  • Challenge the validity of traffic stops or charges.
  • Negotiate for reduced penalties or licence suspensions.
  • Represent you in court for traffic-related offences.

A: Finding the right lawyer for you depends on your specific circumstances. Here are some tips to find the best legal representation:

  • Consider your case: Identify the type of offence and choose a lawyer with significant experience handling similar cases.
  • Research potential lawyers: Read online reviews and testimonials, and check their qualifications and experience.

Contact your preferred lawyers: Schedule consultations to discuss your case and assess their communication style and fees.

A: Legal fees can vary depending on the complexity of your case, the lawyer's experience, and the length of representation required. Most criminal lawyers offer upfront quotes or hourly rates. Here are some factors impacting the cost:

  • Severity of the charge: More serious charges typically require more lawyer time and resources, thus leading to higher fees.
  • Complexity of the case: Cases with intricate details or witness testimony might require more investigation and legal strategy, thus increasing the cost.
  • Trial vs. Plea Bargain: If your case goes to trial, expect higher fees compared to resolving it through a plea bargain.

A: Many criminal defence lawyers offer free consultations, allowing you to discuss your case and get an initial assessment. This can help you understand your legal options and decide if the lawyer is indeed a good fit for you.

A: Here's what to do if you've been accused of a crime:

  • Remain silent: Don't answer any questions from law enforcement officers without your lawyer present.
  • Contact a criminal defence lawyer immediately: They can advise you on your rights and guide you through the next steps.
  • Don't tamper with evidence: Don't attempt to destroy or hide anything related to the case.

Be honest with your lawyer: Provide them with all the details of your situation for the best possible defence.

A: If you can't afford a private lawyer, you may be eligible for legal aid. This government programme provides financial assistance for legal representation in criminal cases.

  • The burden of proof lies with the prosecution: They must prove your guilt beyond a reasonable doubt.
  • You have the right to remain silent: You don't have to answer any questions that could incriminate yourself.

You have the right to a lawyer: You can request legal representation at any point during the legal process.

A: This is a crucial decision best made in consultation with your lawyer. They will assess the evidence, your potential defences, and the likely outcomes to advise you on the best course of action.

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