At Chidiac & Associates, we provide experienced criminal defence representation to clients facing serious assault and grievous bodily harm charges throughout Sydney and New South Wales. We carefully examine the evidence, the circumstances of the incident and whether the Prosecution can establish every element of the offence.

What is Recklessly Causing Grievous Bodily Harm?

The offence is contained in section 35 of the Crimes Act 1900 (NSW).

Under section 35(2), a person commits an offence if they:

1. cause grievous bodily harm to another person; and
2. are reckless as to causing actual bodily harm to that person or another person.

The maximum penalty is:

10 years' imprisonment

A more serious offence applies where the accused was in the company of another person or persons. Under section 35(1), the maximum penalty is:

14 years' imprisonment

What is Grievous Bodily Harm?

Grievous bodily harm generally refers to a very serious injury.

The nature and extent of the injury are important considerations in determining whether the injury amounts to GBH.

Examples may include:

• serious fractures;
• significant internal injuries;
• severe wounds;
• permanent or serious disfigurement;
• serious injuries affecting an organ or bodily function; or
• other injuries of a serious nature.

Whether an injury constitutes GBH is ultimately a matter for the court based upon the evidence.

Elements of Recklessly Causing GBH

To establish an offence under section 35(2), the Prosecution must prove the relevant elements beyond reasonable doubt.

1. Grievous Bodily Harm Was Caused

The Prosecution must establish that the accused's conduct caused GBH to another person.

Medical records, hospital evidence, photographs and expert medical evidence may be relied upon to establish the nature and extent of the injury.

2. The Accused Was Reckless as to Causing Actual Bodily Harm

The Prosecution must establish that the accused was reckless as to causing actual bodily harm.

Importantly, the Prosecution does not need to prove that the accused intended to cause GBH.

The distinction between intention and recklessness can therefore be critical to the Prosecution case.

Recklessly Causing GBH in Company

Under section 35(1), a more serious offence applies where the accused causes GBH in the company of another person or persons and is reckless as to causing actual bodily harm.

Maximum penalty: 14 years' imprisonment

Whether the accused was "in company" is therefore an important issue in cases involving multiple people.

The Prosecution must establish the relevant elements of the offence against the particular accused person.

Reckless GBH Penalties at a Glance

These are maximum penalties, not automatic sentences.

Section 35 also contains separate offences for reckless wounding, with maximum penalties of 7 years for the ordinary offence and 10 years where committed in company. The legislation also permits an alternative verdict for a lesser offence in certain circumstances.

Can I Defend a Reckless GBH Charge?

Being charged with recklessly causing GBH does not mean that you are guilty. The Prosecution bears the burden of proving the relevant elements beyond reasonable doubt.

Depending upon the circumstances, potential issues may include:

• the accused did not cause the injury;
• the injury does not amount to GBH;
• the accused was not reckless as to causing actual bodily harm;
• the Prosecution cannot establish causation;
• the accused acted in self-defence;
• mistaken identity;
• the Prosecution evidence is inconsistent or unreliable; or
• the circumstances of the incident do not establish the offence charged.

The appropriate defence will depend upon the evidence in the individual matter.

Evidence in Reckless GBH Cases

The Prosecution may rely upon:

• medical and hospital records;
• medical expert evidence;
• photographs of injuries;
• CCTV footage;
• body-worn camera footage;
• eyewitness accounts;
• forensic evidence;
• text messages or other communications; and
• admissions allegedly made by the accused.

At Chidiac & Associates, we carefully examine the available evidence, including whether the Prosecution can establish the accused's conduct caused the alleged injury.

Sentencing for Recklessly Causing GBH

If a person is convicted, the court may consider:

• the severity and permanence of the injury;
• the circumstances in which the injury was caused;
• the degree of recklessness;
• the use of weapons or other objects;
• whether the offence was committed in company;
• the accused person's role;
• the offender's criminal history;
• remorse;
• prospects of rehabilitation;
• personal circumstances; and
• whether an early guilty plea was entered.

The court considers both the objective seriousness of the offending and the subjective circumstances of the offender.

How We Can Help

At Chidiac & Associates, we provide:

• confidential advice about your charge;
• detailed analysis of the Prosecution evidence;
• assessment of medical and forensic evidence;
• examination of CCTV and witness evidence;
• advice concerning causation and recklessness;
• advice concerning potential defences;
• representation at court;
• preparation for defended hearings and trials; and
• sentencing advice and representation.

Our approach is built on thorough preparation, practical advice and strong courtroom advocacy.