Grievous Bodily Harm Defence Lawyers in Perth

Grievous Bodily Harm (GBH) is one of the most significant assault-related allegations under Western Australian law. Convicted persons can face significant prison time and see long-term consequences for their employment and reputation.

Because of this, it is essential to engage experienced criminal defence lawyers who can help you achieve the best possible outcome.

At Chambers legal, we have extensive experience dealing with assault charges and recognise that allegations often arise from complex situations. Whether it was a heated argument, an act of self-defence or a misunderstanding, it’s crucial to understand your legal options.

Our team knows that facing a criminal allegation is difficult and stressful for not only the accused, but also the people around them. That is why we carry ourselves with integrity and transparency, ensuring that you are supported throughout the legal process.

If you would like to speak with one of our assault lawyers, you can contact Chambers Legal on (08) 9500 8915 or at [email protected]. If you would prefer, we also offer free 15 minute phone consultations.

What is Grievous Bodily Harm?

In Western Australia, GBH is defined under Section 297 of the Criminal Code Act Compilation Act 1913. It refers to any injury that:

• Endangers life or is likely to endanger life, or;
• Causes or is likely to cause permanent injury to health.

Like other assault charges, GBH can arise from any violent situation. Common examples of injuries considered grievous bodily harm are broken bones, head injuries, permanent disfigurement and internal injuries that require surgery.

What is the Penalty for GBH in Western Australia?

Whilst a standard charge of GBH carries a maximum sentence of 10 years imprisonment, an offence committed under aggravating circumstances can result in a maximum sentence of 14 years imprisonment.

Aggravating circumstances for this charge may include:

• The offence occurred during an aggravated home burglary
• The victim was a public officer (e.g. police, paramedic, prison officer)
• The accused was armed or acting in company
• The accused had intent to maim, disfigure or disable the victim

You can read more about aggravated GBH here.

Grievous bodily harm is also subject to some mandatory minimum sentences. For aggravated offences involving public officers or that are a part of home invasions, adults must receive at least 75% of the maximum penalty. For children, a minimum of three years detention or imprisonment is required.

Can I Defend a GBH Charge?

There are a range of legal defences that may be relevant to a grievous bodily harm charge. Depending on the evidence and circumstances, an assault lawyer could advise pursuing:

• Self-defence – A belief that the accused acted to protect themselves or someone else from harm
• Lack of intent – The injury was accidental or not foreseeable
• Consent – In rare cases, the complainant may have consented to the risk of injury (e.g. during a contact sport)
• Mistaken identity – The accused was not the person who caused the injury

It is important to engage a defence lawyer who can use their expertise to examine all available evidence and prepare a suitable defence.

What Should I Do if I’ve Been Charged with GBH?

If you’ve been charged with GBH, your first step should be to contact a criminal defence lawyer. Before entering a plea, you should:

• Avoid speaking to the police (beyond providing your name, date of birth and address)
• Do not contact the alleged victim or any witnesses
• Comply with any bail conditions
• Create a detailed record of your version of events, including any available evidence (e.g. CCTV, text messages)

If you are well prepared and engage a lawyer as soon as possible, you may find that there is a variety of defences available to you and a possibility of the charge being downgraded, discontinued or amended.

Why Choose Chambers Legal?

At Chambers Legal, we understand the difficulty that comes with facing a criminal trial and a grievous bodily harm charge. These charges carry serious penalties and navigating them can cause significant stress for the accused and those closest to them.

Since 2018, our team has dedicated itself to achieve ideal outcomes for our clients, priding itself 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 have been accused of grievous bodily harm, you can book a free 15 minute consultation with an assault lawyer and see how we can help you achieve the best possible outcome. You can also contact us on (08) 9500 8915 or at [email protected].

Potential Penalties for Aggravated Assault

The penalties for aggravated assault in Western Australia vary based on the specific circumstances and the court in which the case is heard:​

• Magistrates Court: If dealt with summarily, the maximum penalty is three years imprisonment and a fine of $36,000. ​
• District Court: For more serious cases, the maximum penalty can be up to 14 years imprisonment, especially when grievous bodily harm is involved. ​

You can read more about the penalties for specific assault charges (including under aggravated circumstances) here.

Read More About Grievous Bodily Harm

• GBH and Assaulting a Public Officer: Why The Penalties Are Harsher
• GBH Charges and Group Violence: When Are You Criminally Responsible?
• Can You Get Bail for GBH Charges in Western Australia?
• Grievous Bodily Harm vs. Unlawful Wounding: What’s the Difference?
• Aggravated Grievous Bodily Harm: What Makes a GBH Charge More Serious?