Intent to cause grievous bodily harm

The maximum penalty for the charge of intent to cause grievous bodily harm (Section 33[1] of the Crimes Act) is 25 years imprisonment.

Prosecution to prove

The police must prove each of the following matters beyond a reasonable doubt:

1. You wounded or inflicted grievous bodily harm upon a person.
2. The act was done with intent to cause grievous bodily harm.

They will also need to prove that you were the person who committed the intent to cause grievous bodily harm offence.

This matter is strictly indictable which means that it can only be finalised in the District Court.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

Based on statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid- range of seriousness for the offence of intent to cause grievous bodily harm if heard in the District Court is likely to be imprisonment for a period of 5 years.

For first time offenders the likely penalty is imprisonment for a period of 4 ½ years.