轻率地造成严重身体伤害或伤口家庭暴力相关

Recklessly causing grievous bodily harm (GBH) or wounding is a serious criminal offence under section 35 of the Crimes Act 1900 (NSW). When the offence occurs in the context of a domestic relationship, it is treated with particular seriousness by the courts and carries aggravated penalties.

Under section 35(1), (2), and (4) of the Crimes Act 1900, it is an offence to:

• Cause grievous bodily harm (GBH) to another person recklessly (i.e. foreseeing the possibility of serious injury but proceeding anyway), or
• Wound another person recklessly.

When these offences are domestic violence related, they fall within the scope of Crimes (Domestic and Personal Violence) Act 2007 and may trigger the making of an Apprehended Domestic Violence Order (ADVO) alongside criminal charges.

Reckless wounding is an offence found under Section 35 of the Crimes Act 1900. This is categorised as a ‘Table 1’ offence, meaning that it is dealt with in the Local Court unless the Defence or Prosecution has elected to have it heard in another matter.

• If this matter is dealt with in the Local Court, the maximum penalty is 2 years imprisonment.
• Otherwise, the offence carries a maximum penalty of 7 years imprisonment, or 10 years if the offence was committed in company.

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.

ADVO Implications

In domestic violence cases, police will typically apply for a provisional ADVO, which may impose conditions such as preventing the accused from contacting or approaching the victim. If convicted, a final ADVO is most likely to be made to protect the victim.

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

1. 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

2. 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.

In order to be found guilty of recklessly causing GBH, the prosecution must prove:

• That the accused person wounded another person
• That the accused person was reckless in causing actual bodily harm to that person or another person

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.

One of the most common defences for this offence is self-defence.

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.