In Western Australia, Grievous Bodily Harm (GBH) and Unlawful Wounding are two commonly seen assault charges. These offences both involve physical harm but have different approaches to the seriousness of the injury, intent and circumstances surrounding the incident. As such, they are treated very differently by the court system and carry distinct legal consequences.
Understanding these distinctions is essential if you have been charged and want to know how the WA legal system approaches violence-related offences. At Chambers Legal, our assault lawyers can assist you in navigating those complexities.
If you would like to speak with a member of our team, you can contact us on (08) 9500 8915 or at [email protected].
If you would prefer, you can book a free 15 minute phone consultation.
What is Grievous Bodily Harm?
Under Section 297 of the Criminal Code Act Compilation Act 1913 (WA), grievous bodily harm refers to any bodily injury that:
- Endangers life or is likely to endanger life, or;
- Causes or is likely to cause permanent injury to health.
Examples of injuries classified as GBH include broken bones, brain injuries and internal organ damage. In extreme cases, grievous bodily harm can also include psychological harm, should certain criteria be met.
Instances of GBH can be considered more severe if they are committed under aggravating circumstances. Examples include the use of weapons and an intent to cause harm. You can read more about aggravated GBH here.
Penalties for GBH:
For standard GBH offences, the maximum penalty is up to 10 years imprisonment.
In cases involving the aggravating circumstances mentioned above, penalties increase to a maximum of up to 14 years imprisonment.
What is Unlawful Wounding?
Under Section 301, unlawful wounding occurs when a person unlawfully causes a wound that breaks both the outer and inner layers of the victim’s skin. The injury does not have to be life threatening or permanent and could be the result of a cut, stab or laceration.
An unlawful wounding conviction does not require proof of serious or lasting damage. The offence is defined by the act of wounding itself, done without any lawful excuse.
Penalties for unlawful wounding:
Standard unlawful wounding offences carry a maximum penalty of up to 5 years imprisonment.
When the offence is committed under aggravating circumstances, the maximum penalty is increased to up to 7 years imprisonment.
Key Differences Between GBH and Unlawful Wounding
Legal definitions make grievous bodily harm and unlawful wounding two distinct offences. Besides the obvious difference in maximum sentences, the following criteria can be used to distinguish the two:
Severity of Injury
- GBH requires life-threatening or permanent injury for conviction
- Unlawful wounding only requires the breaking of the inner and outer layers of skin
Focus of Prosecution
- In GBH cases, the prosecution will focus their efforts on the seriousness of harm and aggravating factors
- In unlawful wounding cases, they will be more interested in act of wounding, regardless of the harm inflicted
Aggravating Circumstances
- Aggravating circumstances for GBH include the victim being a public officer, committing the act in company and committing the act as a part of a burglary
- For unlawful wounding, factors include the presence of child and committing the act in a domestic violence context
Why Does the Distinction Matter?
The difference between GBH and unlawful wounding can dramatically affect the outcome of a case.
GBH carries a higher sentencing range, meaning that a conviction holds a higher chance of imprisonment. Also, mandatory sentencing can apply in certain grievous bodily harm cases, such as if it is inflicted against police or during aggravated burglary.
Understanding which charge applies and how it may be challenged is a key part of building a defence strategy. If you treat a grievous bodily harm charge as one of unlawful wounding, you may find yourself unprepared if you face court.
It is important to consult an experienced assault lawyer to ensure you accurately understand your situation.
Find an Assault Lawyer in Perth with Chambers Legal
Grievous bodily harm and unlawful wounding are legally distinct allegations in Western Australia.
If you are facing either charge, it is essential to get advice from a lawyer experienced in criminal law. Appropriate advice puts you in a position to enter a suitable plea and achieve the best possible outcome.
At Chambers Legal, we recognise the stress and seriousness of facing a criminal charge and 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 have been accused of grievous bodily harm, unlawful wounding or any other assault offence, it is crucial to speak with an assault lawyer. To do so, you can contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, you can book a free 15 minute phone consultation.