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.
Plead not guilty
In order to be convicted of this offence, the police must prove beyond a reasonable doubt that:
- You wounded or inflicted grievous bodily harm, being “really serious” injury, upon a person;
- 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.
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: