If you’ve been charged with reckless grievous bodily harm, the court process can feel overwhelming. We’ve outlined general information below. However, if you require specific advice, contact us to book a free initial consultation.
What is Recklessly Inflict Grievous Bodily Harm?
An assault that was not intentional, but the person foresaw that an injury could result. The injury needs to be ‘grievous bodily harm’.
The maximum penalty is 10 years imprisonment in NSW. However, it increases to 14 years imprisonment if the offence is committed in company.
What does ‘reckless’ mean?
There is no clear definition of recklessness. However, the Criminal Court of Appeal in NSW has stated that the Crown must prove beyond reasonable doubt that the accused foresaw the possibility of grievous bodily harm occurring as a result of the persons conduct (Chen v R [2013] NSWCCA 116 at [65]).
Will I get a criminal record for reckless grievous bodily harm first offence?
Yes, a conviction is likely.
Will I go to jail?
Yes, imprisonment is likely. This includes first time offenders.
In order to reduce your sentence, it’s important to prepare a strong subjective case.
If I defend the charge, what must be proved?
The prosecution must prove beyond reasonable doubt:
- That there was intentional physical conduct (touching or striking);
- The physical conduct resulted in grievous bodily harm;
- At that time, you realised that grievous bodily harm may be caused as a result of your actions, yet you did the act anyway.
Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self defence, under duress or out of necessity.
We can help
Our experienced criminal lawyers are committed to helping you obtain the best possible outcome for your case.
Contact us today on 0421 700 497 for a free initial consultation.
