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Grievous Bodily Harm

Welcome to the WA Grievous Bodily Harm article page.
Everything you need to know about Grievous Bodily Harm according to WA Law.

What the Law states according to WA Law for Grievous Bodily Harm

According to WA Law for the charge of Grievous Bodily Harm,

Section 297: Any person who unlawfully does grievous bodily harm (or GBH) to another, is guilty of a crime.

“GBH” is any bodily injury of such a nature as to endanger, or be likely to endanger life, or cause or be likely to cause permanent injury to health.

Section 221 of the Criminal Code defines aggravation: Circumstances of aggravation means circumstances in which:

(a) the offender is in a family or domestic relationship with the victim;
(b) a child was present when the offence was committed;
(c) the conduct was in breach of a Restraining Order; or
(d) the victim was over the age of 60 years.

The Maximum Penalty – Grievous Bodily Harm

According to WA Law for the charge of Grievous Bodily Harm,The maximum penalty is 10 years imprisonment.
If the GBH is committed while stealing a motor vehicle or in circumstances of aggravation, the maximum penalty is 14 years.If the GBH is done to a public officer who is performing their public duty, the maximum penalty is 14 years.If the offender is 18 years or over and an officer suffers GBH as a result of the act, the Court must sentence the offender to a mandatory minimum term of 12 months immediate imprisonment. This sentence cannot be suspended.

What the Police must prove according to WA Law for Grievous Bodily Harm

  1. The accused did grievous bodily harm to the victim;
  2. The grievous bodily harm was unlawful;
  3. There was intent to do some harm (but not necessarily the harm done); and
  4. The harm amounts to grievous bodily harm in that it is likely to cause permanent injury or was likely to endanger life.

Possible Defences under WA Law – Grievous Bodily Harm

(a) The injury does not amount to GBH;
(b) Accident;
(c) Duress;
(d) Emergency;
(e) Lack of intent;
(f) Insanity; and
(g) Self-defence.

Provocation and Consent cannot be defences for GBH.

In WA which court will hear the matter – Grievous Bodily Harm

The matter would be heard in the District Court.

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