In Australia, assault occasioning grievous bodily harm (GBH) is a serious criminal offence that carries severe penalties. The law is designed to protect individuals from significant physical harm and to ensure that violent conduct is appropriately punished.

What Is Grievous Bodily Harm?

Grievous bodily harm refers to serious injuries that go beyond minor harm or bruises. It may include:

• The loss of a bodily organ or function
• Permanent or serious disfigurement, even if corrected surgically
• Injuries that could endanger life or lead to permanent damage if left untreated
• The destruction of a fetus
• The transmission of a grievous disease

Each Australian state and territory defines GBH slightly differently, but the underlying principle remains the same: the harm must be severe and long-lasting.

Elements

To prove assault occasioning grievous bodily harm, the prosecution must establish:

1. Unlawful conduct – The accused must have acted without legal justification.
2. Causation – The conduct must have directly resulted in grievous bodily harm.
3. Grievous bodily harm – The injury must meet the legal threshold for seriousness.
4. Intent or recklessness – In some cases, particularly where intent is required (e.g., under Section 33 of the Crimes Act 1900 in NSW), the prosecution must prove that the accused intended to cause GBH.

Examples of GBH

• A violent attack that causes the loss of a limb or organ
• Severe facial disfigurement
• A beating that leaves the victim with internal injuries or permanent damage
• Stabbing or blunt force trauma causing life-threatening injuries

Penalties for GBH Offences

Penalties depend on the state or territory, the intent behind the assault, and the circumstances surrounding the offence. Here’s a look at common offences in New South Wales (NSW):

Considerations in Sentencing

When sentencing a person for GBH-related offences, courts consider:

• The severity of the violence
• The vulnerability of the victim
• Whether the act was premeditated or provoked
• Any previous criminal history of the offender

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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