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Recklessly causing grievous bodily harm

Recklessly causing grievous bodily harm

Recklessly causing grievous bodily harm (GBH) is an offence under section 35 of the Crimes Act 1900.

The offence carries a maximum penalty of 10 years’ imprisonment, or 14 years if the offence is committed in company.

Recklessly causing GBH is a “Table 1” offence, which means it can be dealt with in the Local Court unless the Prosecution or Defence elects to have the matter dealt with in the District Court. If the matter is finalised in the Local Court, the maximum penalty is 2 years’ imprisonment.

To be found guilty of recklessly causing GBH, the Prosecution must prove the following elements beyond a reasonable doubt:

1. The accused person caused grievous bodily harm to another person; and

2. The accused person was reckless as to causing actual bodily harm to that person or any other person.

If the offence is committed “in company”, there must also be at least one other person present who shares the common purpose to commit the offence.

“Recklessness” is a lower level of culpability than intention. It means that the accused person foresaw the possibility that actual bodily harm could be caused to another person but continued to act anyway. It is important to note that the accused person only needs to realise the possibility of actual bodily harm, which is a lower level of injury than grievous bodily harm and can include an injury as small as a bruise or scratch.