From the Archive, Issue 229
Definition and synonyms of grievous bodily harm from the online English dictionary from Macmillan Education. This is the British English definition of grievous bodily harm.
View American English definition of grievous bodily harm. Change your default dictionary to American English. View the pronunciation for grievous bodily harm.
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Show more. Show less. However, if the matter is dealt with by the Local Court, the maximum penalty that applies is 2 years imprisonment.
Wounding or grievous bodily harm with intent - National Criminal Lawyers
If the assault is committed in the company of another person s , the maximum penalty is increased to 7 years imprisonment. Like common assault , it is one of the most commonly prosecuted offences in the Local Court, however as it always involves some actual injury or harm to the victim, it is treated more seriously by the courts.
This is reflected in the increased maximum penalty of 5 years imprisonment. In practical terms, this could include bruising, cuts or lacerations, scratches or even knife wounds. This list is not exhaustive. It is often the subject of argument whether injuries suffered by a victim amount to actual bodily harm or grievous bodily harm. To prove assault occasioning actual bodily harm, the prosecution must show beyond reasonable doubt that you:.
What is Grievous Bodily Harm in Criminal Law?
As with any assault, it is not necessary for the prosecution to prove that the accused intended to assault the victim. It is sufficient if the prosecution can establish that the accused was reckless in this regard. For example, if an accused person threatens someone with immediate violence without intending to put that person in fear, if the accused foresaw the likelihood of causing fear and chose to ignore that risk, that is sufficient.
Generally, the acts alleged must be hostile. It is not necessary for the prosecution to prove that the accused intended to inflict the injuries constituting the actual bodily harm, only that the injuries were a result of the assault. One of the most common defences to assault occasioning actual bodily harm is self defence.
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