Assault Lawyers for Wounding or Causing Grievous Bodily Harm with Intent

Wounding and causing grievous bodily harm with intent are offences covered by section 33 of the NSW Crimes Act.

They are crimes of ‘specific intent’ which means that the other side must prove beyond reasonable doubt that you actually intended to cause serious harm, which can be harder than proving that you were just reckless.

The offences are serious and come with a maximum penalty of 25 years imprisonment.

They must be dealt with in a higher court such as the District Court.

Pleading Not Guilty

You can dispute the charge of wounding / GBH with intent for a range of reasons.

For example, the prosecution may have the wrong person, or you may not agree that you ‘intended’ to cause the injury or you may have one of the defences listed below.

If you don’t agree you are guilty, it is important that you obtain representation from an experienced assault lawyer who will fight to have the charges dropped or at least reduced to less-serious charges.

This can be achieved by:

• Obtaining any statements and materials that support your case,
• Writing and advising the prosecution of inconsistencies and other weaknesses in the case against you,
• Advising the prosecution that you have a valid defence, and
• Pressing for the withdrawal / reduction of the charges.

If the prosecution refuses, your criminal lawyer should have a proven track record at winning serious assault cases.

Defences

Your lawyer will be able to advise you if any of the following defences apply:

Self defence

This is when you are defending yourself, another person or property from an attacker.

For example,  if you are attack by several people or by a person with a weapon and you are compelled to inflict the injury to protect yourself or another.

Necessity

This is when you are in an emergency situation and commit the alleged offence to get away.

Duress

This is when you are forced to commit the offence under a threat of serious injury.

Pleading Guilty

If you wish to plead guilty, any of the following penalties may apply:

Non Conviction Order

This means that you are guilty but the court does not impose a criminal conviction upon you.

The court will look a range of matters when deciding whether to grant a ‘section 10 dismissal or conditional release order’ – including the incident itself, the lead-up to the incident, your general character and your personal circumstances

Fine

This means that you will have to pay a sum of money.

You will need to pay the fine within 28 days unless you apply at the court office for extra time to pay.

Good behaviour bond

This means that you cannot commit any further offences for the duration of the bond.

The bond may have additional conditions, such as seeing a Community Corrections officer and complying with their directions.

Community service order

This means that you must undertake a specific number of hours of unpaid work over a 12 month period.

The maximum is 500 hours.

Intensive correction order

This means that you come under the supervision of the Department of Corrections and are required to undertake 32 hours of community service work per month.

You may also be required to undertake rehabilitation programs, attend conferences and be subjected to urinalysis and monitoring.

Intensive correction orders can last up to 2 years.

Home detention

This means that you must generally stay at home for the duration of your sentence, subject to exclusions such as approved work or attending medical appointments or counselling.

Home detention orders can last up to 18 months.

Suspended sentence

This is when you are sentenced to a period of imprisonment, but are not actually sent to prison as long you comply with any conditions and do not commit any further offences.

Suspended sentences can last up to 2 years.

Full time prison

This is when you are sent to gaol.

Full time imprisonment can only be imposed if no other alternative is appropriate in the circumstances.

Call our experienced criminal lawyers today for a free first appointment where we can discuss your case and advise you of the best way forward.