Recklessly Causing Grievous Bodily Harm or Wounding Domestic Violence Related

Recklessly causing grievous bodily harm (GBH) or wounding in a domestic violence context is a serious offence under NSW law. It involves causing severe injury without intent but with recklessness, meaning the accused foresaw the harm but proceeded regardless. This offence carries severe penalties, including imprisonment.
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.
Elements the Prosecution Must Prove
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.
Possible Defences
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.
Potential Penalties
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.

Legal Process
& Options
Seek expert legal advice before making this decision.
Pleading
Not Guilty
If you plead not guilty, Brightstone Legal will build a strong defence strategy based on:
- Lack of intent to cause fear or harm
- Misidentification or false accusations
- Insufficient evidence presented by the prosecution
- Lawful excuse for your actions
Our legal team will carefully review police evidence, cross-examine witnesses, and present a defence strategy tailored to achieving the best possible outcome.
Pleading
Guilty
If the evidence against you is strong and a conviction is likely, pleading guilty early may lead to a more favourable outcome. Benefits of an early guilty plea include:
- Reduced penalties
- Possibility of a Section 10 dismissal (no conviction recorded)
- Consideration of mitigating factors
Before entering a plea, it is important to consult Brightstone Legal to understand the legal consequences and determine the best course of action.
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