Grievous Bodily Harm (GBH) is a serious offence defined as causing an injury that endangers life or results in permanent injury.
In Western Australia, unlawfully inflicting GBH carries a maximum penalty of 10 years imprisonment, which can increase to 14 years under aggravating circumstances.
When GBH occurs within the context of group violence, determining individual criminal responsibility becomes complex. Western Australian law applies the doctrine of common purpose, also known as joint criminal enterprise. This principle holds each participant in a group liable for offences committed by any member, provided those offences were a probable consequence of the agreed-upon unlawful act.
If you have been accused of GBH in a group violence context, it is important to understand the doctrine of common purpose. Our team of assault lawyers has extensive experience dealing with these cases and can assist you in navigating the legal process.
If you would like to speak with us, you can contact Chambers Legal on (08) 9500 8915 or at [email protected]. Alternatively, you can book a free 15 minute phone consultation.
Understanding Common Purpose
The doctrine of common purpose is a legal principle that attributes criminal liability to all participants in a collective criminal endeavour. If an unlawful-act is within the scope of an agreed-upon plan, all individuals are criminally responsible.
In the context of group violence, if the individuals have a common purpose or intention to commit assault, all participants will be held responsible. This means that if an act of GBH is inflicted by one member, all members will face that charge.
Establishing Criminal Responsibility
GBH charges can arise from group violence situations. To establish criminal responsibility and the doctrine of common purpose, the prosecution must prove:
- Existence of a Common Purpose: There was an agreement, explicit or implicit, among the group to commit an unlawful act.
- Participation in the Common Purpose: The accused actively participated in carrying out the agreed-upon unlawful act.
- Foreseeability of GBH: The infliction of GBH was a foreseeable consequence of the act and the common purpose.
It’s important to note that even if an individual did not personally inflict the GBH, they can still be held liable if the above elements are satisfied.
Legal Defences and Considerations
There are many ways defendants can approach a GBH charge under the doctrine of common purpose. If you have been charged with assault, potential offences include:
- Withdrawal: Demonstrating that you withdrew from the common purpose before the offence took place
- Lack of Foreseeability: Arguing that the GBH was not a foreseeable consequence of the common purpose.
- Duress: Establishing that you participated only under coercion or threat of harm.
Chambers Legal: Assault Lawyers in Perth
Group activities with unlawful intentions carry significant legal risks. Under Western Australian law, the doctrine of common purpose means that criminal liability for the actions of one participant can be extended to other group members.
When serious harm such as GBH occurs, all individuals will be responsible for the actions of any member that are foreseeable outcomes of their shared intent. Understanding this principle is crucial for individuals to comprehend the potential consequences of their involvement in group violence.
If you are still unsure about the doctrine of common purpose and would like assistance with a GBH charge, please do not hesitate to contact Chambers Legal.
Our team of assault lawyers understands the difficulty of facing a criminal charge and pride themselves on working with integrity and transparency. We provide fair and honest pricing with proper cost notice and all legal advice is provided in writing.
You can contact us on (08) 9500 8915 or at [email protected]. Alternatively, you can book a free 15 minute phone consultation.