Wounding and Grievous Bodily Harm Charges
Clear advice on penalties, defences and what to expect through the Local, District and Supreme Courts.
Wounding and grievous bodily harm (GBH) sit above assault occasioning actual bodily harm on the NSW violence spectrum, and are charged where an assault causes a wound, meaning a cut, tear or break through both layers of skin, or grievous bodily harm, meaning really serious injury such as a broken bone, serious internal injury, permanent disfigurement, or the loss of a foetus. The precise charge laid, and the maximum penalty that follows, depends heavily on two things: whether the accused specifically intended to cause the injury, and whether the offence was committed in company with another person.
Where the prosecution can prove the accused intended to cause grievous bodily harm, or intended to resist or prevent a lawful arrest, the charge is laid under section 33 of the Crimes Act 1900, the most serious tier in this group, carrying a 25-year maximum and a standard non-parole period of 7 years. This is a strictly indictable offence, meaning it cannot be dealt with in the Local Court under any circumstances and always proceeds towards the District Court.
Where intent to cause GBH cannot be proven, but the accused was reckless, meaning they realised the possibility of causing at least some injury and went ahead regardless, the charge instead falls under section 35, which creates four separate tiers depending on whether the injury amounted to wounding or GBH, and whether the offence was committed in company with one or more other people. This lower fault threshold makes section 35 a much more commonly charged offence than section 33, and the base wounding tier can, unlike GBH, sometimes be dealt with in the Local Court.
Penalties
What you could be facing
| Penalty | Maximum | Notes |
|---|---|---|
| Wounding or GBH with intent (s33 Crimes Act 1900) | 25 years imprisonment (standard non-parole period 7 years) | Strictly indictable — cannot be dealt with in the Local Court. Requires proof of a specific intention to cause GBH, or to resist or prevent a lawful arrest or detention, not merely recklessness. |
| Reckless GBH, in company (s35(1) Crimes Act 1900) | 14 years imprisonment | Strictly indictable — District Court only. Requires GBH plus recklessness as to causing actual bodily harm. |
| Reckless GBH (s35(2) Crimes Act 1900) | 10 years imprisonment | The base reckless GBH tier, without the "in company" element. Also strictly indictable. |
| Reckless wounding, in company (s35(3) Crimes Act 1900) | 10 years imprisonment | A Table 1 offence, like the base wounding tier, able to be dealt with summarily in the Local Court, capped at 2 years imprisonment if finalised there, unless either party elects trial in the District Court. |
| Reckless wounding (s35(4) Crimes Act 1900) | 7 years imprisonment | A Table 1 offence, able to be dealt with summarily in the Local Court, capped at 2 years imprisonment if finalised there, unless either party elects trial in the District Court. |
| Aggravating factors | Sentence increased within the applicable maximum | Use of a weapon, the vulnerability of the victim, the extent and permanence of injury, and any domestic violence flag are all matters the Court weighs in fixing the sentence within the relevant maximum. |
Possible Defences
Ways this charge can be challenged
Absence of the requisite intent or recklessness
Section 33 requires proof of a specific intention to cause GBH, or to resist or prevent a lawful arrest, while section 35 requires only that the accused was reckless as to causing some injury. Where the evidence does not establish the higher fault element required for section 33, this can be a basis to contest that specific charge, even where a lesser section 35 offence remains open.
Self-defence
Where the accused genuinely believed their actions were necessary to defend themselves or another person, and the response was reasonable in the circumstances as they perceived them, self-defence is a complete answer to a wounding or GBH charge. Once properly raised on the evidence, the prosecution must disprove self-defence beyond reasonable doubt.
No wound or GBH established
The injury must meet the specific legal definition, a wound must break through both layers of skin, not merely graze the surface, and GBH must be really serious, not just painful or visible. Where the medical evidence does not clearly establish the injury meets this threshold, the prosecution may not be able to prove this element.
Absence of causation or identification
The prosecution must prove the accused’s specific act caused the wound or GBH relied upon, and that the accused was, in fact, the person responsible. Where causation is genuinely contested, for example where multiple people were involved in an altercation, or identification is uncertain, this can be a genuine basis to defend the charge.
What Happens Next
The Local Court process
- 01
Following a complaint or police attendance, the accused is typically arrested and bail-assessed, or issued with a Court attendance notice for less serious section 35 matters, with bail more heavily contested for section 33 and the more serious section 35 tiers.
- 02
At the first mention in the Local Court, a plea of guilty or not guilty is entered. For section 33 and the GBH tiers of section 35, the matter proceeds towards committal regardless of anyone’s preference. For either reckless wounding tier (in company or not), a decision is made as to whether the matter remains in the Local Court or proceeds on indictment.
- 03
Where the matter stays in the Local Court, a not guilty plea leads to service of the brief, including medical evidence and any CCTV or witness statements, before a defended hearing.
- 04
Where the matter proceeds on indictment, it moves through committal in the Local Court before arraignment and either a jury trial or a sentencing hearing in the District Court.
- 05
At any hearing or trial, the prosecution must prove the injury, causation, and the specific fault element required (intent for section 33, recklessness for section 35), beyond reasonable doubt, while the defence can challenge each of these elements or raise self-defence.
- 06
On a finding of guilt or a guilty plea, the Court considers the extent of injury, any weapon used, whether the offence was committed in company, the accused’s record, and personal circumstances before sentencing.
Sentencing
What courts consider at sentencing
The extent and permanence of the injury, whether a weapon was used, and whether the offence was committed in company are the primary factors distinguishing the tiers within section 35 and shaping where a sentence falls within the applicable maximum for either section.
Whether the charge is section 33 (specific intent) or section 35 (recklessness) itself reflects a real difference in culpability, and courts sentence accordingly, with section 33 matters treated as considerably more serious given the deliberate intention to cause really serious injury.
Subjective factors such as an early guilty plea, a limited or absent prior record, and genuine provocation or a heated, isolated context can reduce the sentence within the applicable range, but full-time imprisonment is the common outcome for any GBH-level injury or a section 33 charge.
A non-conviction outcome under section 10 of the Crimes (Sentencing Procedure) Act 1999 is realistically confined to the lowest tier, reckless wounding under section 35(4), in an exceptional first-offence case with minor injury and strong mitigating circumstances. It is not a realistic outcome for any GBH-level charge under section 35, and effectively unavailable for a section 33 charge, given the seriousness of a proven specific intent to cause really serious injury.
Next Steps
If you've just been charged
Don't contact the complainant directly or through anyone else. In a matter this serious, any contact can be treated as intimidating a witness and can seriously damage both a bail application and the case itself.
Don't agree to a formal police interview before getting legal advice. Whether the prosecution can prove intent under section 33, as opposed to mere recklessness under section 35, often turns on what is said about the accused's state of mind at the time.
Write down your own account of exactly what happened, including anything relevant to self-defence or the sequence of events, while the details are still fresh.
Identify and try to preserve any evidence supporting your account, particularly CCTV, which is often overwritten within days, and the names and contact details of any independent witnesses.
If bail is an issue, get legal advice immediately. Section 33 and the higher section 35 tiers are treated seriously for bail purposes, and a well-prepared application addressing the Court’s specific concern is time-critical.
Frequently Asked Questions
Common questions
A wound is a cut, tear or break through both layers of skin, such as a knife or glass injury, while grievous bodily harm means really serious injury more broadly, including a broken bone, serious internal injury, permanent disfigurement, or a serious infection or disease. GBH does not require the skin to be broken at all, while a wound requires exactly that.
Section 33 requires proof that the accused specifically intended to cause GBH, or intended to resist or prevent a lawful arrest, and carries a 25-year maximum. Section 35 requires only recklessness, meaning the accused realised the possibility of causing some injury and went ahead anyway, and carries lower maximums ranging from 7 to 14 years depending on the injury and whether it was committed in company.
Being "in company" means the accused was assisted, encouraged or accompanied by at least one other person at the time of the offence, even if that other person did not themselves cause the injury. Its presence increases the maximum penalty within section 35, reflecting the added risk and intimidation created by group conduct.
It depends on the specific charge. Section 33 and the GBH tiers of section 35 (s35(1) and (2)) are strictly indictable and can only be dealt with in the District Court. Both reckless wounding tiers under section 35 (s35(3), in company, and s35(4), the base tier) are Table 1 offences and can be dealt with in the Local Court, capped at 2 years, unless either party elects trial in the District Court.
It is only realistically available for the lowest tier, reckless wounding under section 35(4), in an exceptional case with minor injury, a strong prior record and genuine mitigating circumstances. It is not a realistic outcome for any GBH-level charge, and effectively unavailable for a section 33 charge, given how seriously deliberate GBH is treated.
Yes. Self-defence applies in the same way it applies to any other assault-related charge, provided the accused genuinely believed their response was necessary and it was reasonable in the circumstances as they perceived them. Once properly raised on the evidence, the prosecution must disprove self-defence beyond reasonable doubt.
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