Canberra & the ACT · Assault and violence
Grievous bodily harm charges in the ACT.
Grievous bodily harm means really serious injury. The ACT splits these offences by the accused's state of mind, and the difference between intent and recklessness changes the maximum penalty by years. These are indictable matters, and the serious ones are tried in the Supreme Court.
- Intentional GBH20 yearss 19 (aggravated 25)
- Reckless GBH13 yearss 20 (aggravated 15)
- Causing GBH5 yearss 25
- CourtSupreme / MagistratesBy seriousness
The ACT offences.
Grievous bodily harm means really serious injury. The three offences are separated by fault. Section 19 requires an intent to cause the harm. Section 20 requires recklessness, meaning foresight of the harm as a possibility. Section 25 covers causing the harm by an unlawful or negligent act, without that intent or recklessness. The charge chosen sets the exposure, and moving a matter from s 19 to s 20, or to s 25, can be the difference between very different sentences.
Penalties and where the matter is heard.
Intentional and reckless GBH are indictable and, in their serious forms, are tried in the ACT Supreme Court. The less serious matters can be dealt with in the Magistrates Court where the law allows. Sentencing is under the Crimes (Sentencing) Act 2005 (ACT), with the nature of the injury, the level of violence and the subjective case all in play.
Defences and issues that matter.
Self-defence.
If the force was used in genuine self-defence, the offence is not made out, and the prosecution must disprove self-defence beyond reasonable doubt.
Intent versus recklessness.
The fault element is often the real contest. Whether the harm was intended, foreseen as possible, or neither, decides which section applies and the sentence that follows.
Whether the injury is really grievous.
Grievous bodily harm has a legal meaning. Where the injury does not reach that threshold, the proper charge may be a lesser assault.
How the matter is run.
The medical evidence, any body-worn video and CCTV, and the accounts of what happened are the core of a GBH brief. The work is to test the injury, the fault element and self-defence, and to place the matter in the right charge before sentence. The most serious matters are prepared for trial in the Supreme Court.
Frequently asked.
What is the maximum penalty for GBH in the ACT?
Intentionally inflicting grievous bodily harm carries 20 years under s 19 of the Crimes Act 1900 (ACT), or 25 in an aggravated form. Recklessly inflicting GBH carries 13 years under s 20. Causing GBH by an unlawful or negligent act carries 5 years under s 25.
What is the difference between sections 19 and 20?
The fault element. Section 19 requires an intent to cause grievous bodily harm. Section 20 requires recklessness, meaning the accused foresaw the harm as a possibility. The difference changes the maximum penalty and the sentence.
Is self-defence available to a GBH charge?
Yes. If the force was used in genuine self-defence the offence is not made out, and the prosecution has to disprove self-defence beyond reasonable doubt.
Where is a GBH charge heard in the ACT?
The serious forms are tried in the ACT Supreme Court. Less serious matters can be dealt with in the Magistrates Court where the law allows.
Charged in the ACT, or facing a Supreme Court trial?
A confidential first conference. The brief is read. The realistic options are set out. Speak to Aaron Kernaghan directly before you decide anything.
Request a confidential consult 0421 717 019