Grievous Bodily Harm Or Wounding With Intent – s 33 Crimes Act 1900
Our Sydney’s exclusive team of senior criminal defence lawyers specialise in getting charges dropped early, they have achieved this countless times, and proven innocence in court for some of the most serious allegations of wounding with intent to cause grievous bodily harm in Australia.
Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.
Your Options in Court
You will be not guilty to a charge of wounding with intent to cause grievous bodily harm if police are unable to prove beyond reasonable doubt, both of the following:
- You caused an injury involving breaking or cutting of the interior layer of the skin. For example, a split lip or broken bone caused by your punch or any permanent or serious disfiguring (Grievous Bodily Harm).
- You intended to cause this kind of injury
Your charge will be dismissed if each of the above two elements of the offence are not proven by police.
Defences to this charge
You will be found not guilty if any one of the following defences to the charge of wounding with intent to cause grievous bodily harm applies to you:
- Self defence: Where you believe it was necessary to do what you did to protect yourself, someone else, or your property, and your response to it was reasonable in those circumstances you perceived it to be
- You had no intention to cause the kind of injury amounting to grievous bodily harm
- Intoxication: You were soo intoxicated by drugs or alcohol, you couldn’t have formed the intention to cause this kind of injury
- Mistaken identity: Where you were mistakenly blamed as the perpetrator
- Your actions didn’t cause the injury
- Duress or Necessity
Speak to our highly experienced team of senior defence lawyers now on (02) 8606 2218 for realistic and practical advice on whether you have a realistic defence available, how to strengthen your defence and prove your innocence in court.
It’s advisable to speak to a specialist defence lawyer before pleading guilty, however, if you do plead guilty to wounding or causing grievous bodily harm with intent, it’s important to maximise your chances at avoiding imprisonment by getting the best possible outcome. Our senior lawyers have extensive experience daily appearing in court for these charges and can guide you along the right path. See below for tips and hints on preparing your case.
25% discount on punishment
By pleading guilty at the earliest possible opportunity in court, you will receive an automatic discount of up to 25% on your punishment for the charge of wounding or grievous bodily harm with intent. This means you will receive a lighter punishment and better outcome.
For this reason, it’s important to get realistic and practical advice as early as possible from a highly experienced Sydney criminal defence lawyer.
Good character references
Getting character references from the nearest and dearest to you will allow the Judge to read about your otherwise good character, your remorse, contrition and shame for your actions. This can result in a much more lenient outcome in court as it allows the Judge to get to know who you are.
Each reference should express your remorse, guilt, shame and also the good things you have done in life. Good character references can be a heart felt letter of apology from you, letters from family and friends, even your employer or colleague. Each one should be reviewed by an experienced lawyer before handing it to the Judge to read.
Negotiate to drop charges
The charge of wounding with intent to cause grievous bodily harm can, and often has been dropped or downgraded to a less serious charge such as actual bodily harm or common assault resulting in a much more lenient outcome. Our senior lawyers have successfully achieved this countless times.
This can be achieved by carefully reading and knowing the police evidence. An experienced criminal lawyer can pick out all the holes in the case, and then use this knowledge to approach and negotiate with police in the best way to maximise your chances at success..
Negotiate facts
The Judge will punish you based on, and only after reading what is known as the police facts. This can often be a one sided version of what happened, drafted by police, expressing what you did, the injuries you caused the victim, and the circumstances it occurred, making it look worse than what actually occurred resulting in a heavier punishment.
An experienced criminal lawyer can, and often does negotiate these facts to be changed to reflect the truth of what, how, and why it happened putting you in a much better light to the Judge who will likely give a much more lenient punishment. This if often achieved by our senior lawyers by strategically approaching police only after knowing all the holes in their evidence.
Psychologist reports
A powerful psychologist or psychiatrist court report can significantly improve the outcome of your case with a far more lenient punishment. The Judge will be allowed to reduce your punishment if the report comes from a highly respected and experienced psychologist expressing you were suffering a mental condition at the time, your remorse, insight and an explanation of your actions with a treatment plan to show your prospects of rehabilitation.
As experienced specialists in the field, our senior lawyers only obtain our reports from leading psychologists and psychiatrists in the country, ensuring your in the best hands for the best chances at getting the best possible outcome.
Maximum penalty
The maximum penalty for the offence of wound with intent to cause grievous bodily harm is up to 25 years imprisonment.
The courts reserve the maximum punishments for the most serious offenders and cases, it does not normally give maximum punishments. The Judge considers the maximum punishment as one of many factors when looking for indications on how serious the offence should be taken.
Types of penalties
The type of punishment you get depends on the above points talked about, but the Judge will have any one of the following types of punishments to give you.
- Section 10 Dismissal
- Conditional Release Order
- Fine
- Community Correction Order
- Intensive Correction Order
- Full Time Imprisonment
Our team consists of one of Sydney’s most experienced, respected and talented senior lawyers specialising in criminal law who have achieved a proven track record of a very high benchmark of exceptional outcomes for over 20 years. Their advice and court representation is considered one of the best Sydney has to offer.
Call us now on (02) 8606 2218 to book a free first consultation with an experienced Criminal Defence Lawyer.