Grievous Bodily Harm with Intent – Section 33 of the Crimes Act 1900

The maximum penalty for grievous bodily harm with intent is:

• Imprisonment for twenty-five years

Please note that such penalty is reserved for the most serious cases only.  NOTE: this offence is not dealt with in the local court.

This option is recommended only where you accept that:

• you caused grievous bodily harm to a person, and
• you did so intentionally.

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist if found guilty?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction.
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

If the injuries are serious, the most likely penalty for this offence is a term of imprisonment, even for first time offenders. In some instances, the court may issue an ICO.

To prove the charge of Grievous Bodily Harm with Intent in a trial, the Prosecution must establish beyond a reasonable doubt that:

• you caused grievous bodily harm to a person; and
• you did so intentionally.

The prosecution must also disprove any valid legal defences in the evidence to the requisite standard of beyond a reasonable doubt.

NB: Alternative verdict

Where an offence under s 33 is not proven, but the evidence shows the person has committed an offence against s 35 (ie. reckless grievous bodily harm – carrying a lesser maximum penalty), the accused may be acquitted of the s 33 offence, but found guilty of an offence against s 35.

Defences to Grievous Bodily Harm with Intent.

• Self-defence
  • The law allows the use of reasonable force to protect your yourself, your property or someone else against physical injury or damage.
  • You must have honestly and reasonably believed that there was a threat to your safety.
  • The courts will consider the nature of the threat faced and the accused’s physique, age, and sex.
• Duress
  • Another person coerced or threatened you into harming another person, or the circumstances warranted such an action.
• Necessity
  • To stop a greater harm or injury from occurring.
• There was no intention
  • The prosecution cannot prove that you formed an intention to cause these injuries, in which case the lesser charge of Reckless Grievous Bodily Harm may apply.
• The injuries do not amount toGrievous Bodily Harm
  • An argument may exist that the injuries amount to Actual Bodily Harm (a less serious charge) and not Grievous Bodily Harm.
  • This is a common defence.
• Mistaken identity
  • You did not cause the harm sustained to the victim.