Recklessly Causing Grievous Bodily Harm or Wounding Domestic Violence Related

Under Section 35 of the Crimes Act 1900 (NSW), recklessly causing GBH or wounding is an indictable offence with a maximum penalty of 10 years' imprisonment.

Definitions:

• Grievous Bodily Harm (GBH): Includes serious injuries such as broken bones, internal organ damage, permanent disfigurement, and fetal death (excluding lawful medical procedures).
• Wounding: Involves breaking both layers of the skin, such as deep cuts or puncture wounds.
• Recklessness: The accused did not intend to cause the injury but was aware that their actions could result in harm and proceeded anyway.

To secure a conviction, the prosecution must establish the following elements beyond a reasonable doubt:

The Existence of a Domestic Relationship:

• Marriage or de facto partnership (current or former)
• Family members living together (e.g., parents and children)
• Carer relationships (e.g., caregiver for an elderly or disabled person)
• Relatives of the protected person
• Indigenous kinship relationships

Elements of the Offence:

• The accused’s actions caused GBH or wounding.
• The injury was the direct result of reckless behaviour.
• The accused foresaw the potential for harm but proceeded regardless.

A strong legal defence can significantly impact the outcome of your case. Common defences include:

• Self-defence – Acting to protect oneself or another from imminent harm.
• Duress – Being coerced or threatened into committing the act.
• Necessity – Acting to prevent greater harm.

Penalties for recklessly causing GBH or wounding vary based on case severity and individual circumstances. Possible outcomes include:

• Imprisonment – The most common penalty, with an average term of 36 months (18 months non-parole).
• Fines – Court-imposed monetary penalties.
• Good behaviour bonds – Supervised release with strict conditions.
• Community-based orders – Mandated community service or rehabilitation.