Aggravated Grievous Bodily Harm: What Makes a GBH Charge More Serious?
In Western Australia, Grievous Bodily Harm (GBH) is a serious criminal offence, carrying severe penalties. However, these penalties can be even harsher if certain factors elevate the charge to Aggravated GBH.
To fully understand the ramifications of an aggravated charge, it is critical to engage a defence lawyer.
At Chambers Legal, we recognise the complexities of being accused of GBH and can help you address any aggravating circumstances. The difficulty of facing a criminal hearing is not lost on us, so we will always look to support you by working with integrity and transparency.
If you would like to speak with one of our assault lawyers, you can contact Chambers Legal at [email protected] or on (08) 9500 8915. If you would prefer, you can also book a free 15 minute phone consultation.
What is Aggravated GBH?
GBH is defined as causing a bodily injury that is likely to cause permanent injury or endanger the life of the victim. The maximum penalty for unlawfully inflicting GBH on another person is 10 years imprisonment.
However, certain circumstances can elevate a charge to an aggravated offence and result in more serious ramifications.
Potential aggravating factors include:
- Victim’s Status: If the victim is a public officer performing their duties (e.g police officers and hospital workers), the offence is considered aggravated.
- Commission During Another Crime: Committing GBH while stealing a motor vehicle or during an aggravated home burglary constitutes an aggravated offence.
- Use of Weapons or Dangerous Objects: The use weapons or objects capable of causing severe harm can lead to greater penalties.
- Premeditation and Intent: Acts committed with the intention of causing GBH are treated with greater severity.
Intent as an Aggravating Factor
While GBH can be charged based on the outcome of an assault and the level of injury caused, intent is an important consideration in aggravated GBH cases.
If the prosecution can prove that the accused intended to cause serious harm, permanent injury or acted with reckless disregard for the victim’s safety, the court may treat the offence more severely. The use of weapons or other similar objects is often viewed as a sign of intent.
Are Penalties for Aggravated Grievous Bodily Harm More Severe?
If an accused is found guilty of aggravated GBH, stricter penalties will be imposed. The court intends for these penalties to reflect the severity of the offence.
Under aggravating circumstances, the maximum penalty for GBH increases from 10 years to 14 years.
Additionally, certain situations can invoke mandatory sentences:
- Adults: If GBH is committed during an aggravated home burglary, the court must impose a term of at least 75% of the maximum penalty.
- Juveniles: A juvenile offender in similar circumstances faces a minimum of 3 years of detention or imprisonment.
Find a Perth Based Assault Lawyer with Chambers Legal
To properly navigate a grievous bodily harm charge, it is essential to understand the role of aggravating factors and whether they are relevant in your case. These circumstances can lead to penalties much more serious than the standard charge.
Chambers Legal has a dedicated team of assault lawyers with a thorough understanding of Western Australian law.
Understanding the stress and seriousness of facing a criminal charge, we pride ourselves on working with integrity and transparency. We are fair and honest in our pricing, providing proper cost notice. Our legal advice is tailored to each client and always provided in writing.
If you or someone you know is facing grievous bodily harm charges and is concerned about potential aggravating circumstances, it is crucial to seek legal advice as soon as possible. You can contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.