Grievous Bodily Harm

Section 4 of the Crimes Act defines ‘grievous bodily harm’ which includes:

1. the destruction (other than in the course of a medical procedure) of the foetus of a pregnant woman, whether or not the woman suffers any other harm, and
2. any permanent or serious disfiguring of the person, and
3. any grievous bodily disease (in which case a reference to the infliction of grievous bodily harm includes a reference to causing a person to contract a grievous bodily disease).

Grievous Bodily Harm (GBH) generally encompasses injuries that are of a serious nature. This includes:

• Permanent or serious disfigurement
• The destruction of a foetus
• The contraction of a grievous bodily disease

Whether an injury amounts to GBH is determined by the court on a case-by-case basis, guided by the severity and consequences of the harm sustained. GBH refers to harm that is more than trivial or transient, it must be ‘really serious’, such as:

• Brain damage
• Fractures
• Severe lacerations requiring surgical intervention
• Injuries resulting in the loss of a foetus

Importantly, the injury need not be permanent to constitute GBH; for example, causing a person to contract a serious disease also meets the threshold. Permanent or serious disfigurement remains a key consideration in this classification.

Intentionally inflicting GBH carries a maximum penalty of 25 years imprisonment.

If GBH is caused in the context of a driving offence, it may be prosecuted under the Crimes Act 1900 (NSW).

Such matters are typically heard in the District Court, particularly when accompanied by other serious charges.

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Mark Racca

Principal Solicitor & Director
LLB, GradDipLegPrac, MPA

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