Penalty for Reckless Grievous Bodily Harm in NSW

Reckless Grievous Bodily Harm (GBH) carries a maximum penalty of 10 years. If committed in company, the maximum penalty is 14 years. This offence also carries is a standard non-parole period of 4 years, being the imprisonment term that must be served before becoming qualified for parole.

Will I go to jail?

Reckless GBH is considered a very serious offence, and carries severe penalties so a jail sentence is likely. The Court will consider your subjective circumstances, such as the seriousness of the offence and your criminal history when deciding on the sentence.  

You should seek legal advice to find out if it is possible to minimise your chance of going to jail or to avoid the maximum penalty.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

• You have caused grievous bodily harm to any person, and
• You were reckless in causing actual bodily harm to that or any other person.

Grievous bodily harm includes:

• broken bones or fractures
• serious internal injuries requiring surgery
• permanent disfigurement or disability

The prosecution does not need to prove that the accused intended to cause harm, only that they were aware of the risk and acted despite it.

This article is general in nature and does not constitute legal advice.