UNDERSTANDING THE OFFENCE OF CAUSING GRIEVOUS BODILY HARM BY UNLAWFUL OR NEGLIGENT ACT IN NSW

on August 5, 2025

Causing grievous bodily harm (GBH) by an unlawful or negligent act is a serious criminal offence in New South Wales (NSW) that can lead to significant penalties, including imprisonment and a lasting criminal record, impacting your personal and professional life. This offence, distinct from intentional GBH, focuses on harm caused through recklessness or negligence, making it critical for those charged to understand the legal framework, consequences, and available defences. At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we specialise in criminal law and traffic law, providing expert legal representation to defend clients against serious charges. As leading Sydney criminal lawyers and traffic law specialists, we are committed to protecting your rights and securing the best possible outcome in NSW courts.

In this comprehensive guide, we explore everything you need to know about the offence of causing grievous bodily harm by unlawful or negligent act in NSW, including its legal definition, penalties, defences, and how a lawyer can help mitigate or dismiss charges. For legal advice, contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au.

What Is Causing Grievous Bodily Harm by Unlawful or Negligent Act in NSW?

Causing grievous bodily harm by an unlawful or negligent act is an offence under section 54 of the Crimes Act 1900 (NSW). It occurs when a person, through an unlawful or negligent act or omission, causes “really serious” injury to another person without the specific intent to cause such harm, distinguishing it from wounding or GBH with intent (section 33). The offence encompasses a range of scenarios, from reckless behaviour to negligent actions, and is prosecuted as a summary or indictable offence depending on severity.

To secure a conviction, the prosecution must prove beyond a reasonable doubt:

  1. Unlawful or Negligent Act or Omission: The defendant committed an unlawful act (e.g., an assault not justified by law) or a negligent act (e.g., failing to exercise reasonable care), breaching a duty of care.
  2. Grievous Bodily Harm: The act or omission caused serious injury, such as broken bones, permanent disfigurement, or life-threatening conditions.
  3. Causation: The defendant’s conduct directly resulted in the harm.
  4. Without Consent: The victim did not consent to the act or injury.

This offence is typically heard in the Local Court (e.g., Parramatta, Liverpool, or Campbelltown) as a summary offence, but severe cases may be prosecuted in the District Court as an indictable offence.

What Constitutes Grievous Bodily Harm?

Grievous bodily harm (GBH) is defined as “really serious” injury, which may include:

  • Physical Injuries: Fractured bones, severe lacerations, internal organ damage, or loss of limbs.
  • Permanent Disfigurement: Scarring, burns, or loss of sensory function (e.g., blindness or deafness).
  • Life-Threatening Conditions: Injuries requiring hospitalisation, such as brain trauma or severe blood loss.
  • Psychological Harm: In rare cases, severe psychological trauma requiring psychiatric treatment may qualify, though this is less common.

Example of the Offence

  • Unlawful Act: Pushing someone during an argument, causing them to fall and sustain a fractured skull.

Related Offences

This offence is often charged alongside or instead of related offences under the Crimes Act 1900:

  • Wounding or GBH with Intent (section 33): Intentionally causing a wound or serious injury, with up to 7 years imprisonment.
  • Reckless Wounding or GBH (section 35): Causing a wound or serious injury recklessly, with up to 7 years imprisonment.
  • Assault Occasioning Actual Bodily Harm (ABH) (section 59): Causing less severe injury (e.g., bruises), with up to 5 years imprisonment.
  • Common Assault (section 61): No physical injury required, with up to 2 years imprisonment.
  • Negligent Driving Occasioning GBH (section 117, Road Transport Act 2013): Causing serious injury through negligent driving, with up to 7 years imprisonment.

Penalties for Causing Grievous Bodily Harm by Unlawful or Negligent Act in NSW

The penalties for this offence reflect the severity of the harm caused. Under section 54 of the Crimes Act 1900, the penalties are:

  • Maximum Penalty:
    • Imprisonment: Up to 2 years.
    • Fine: Up to $5,500 (50 penalty units) in the Local Court.
  • District Court: If prosecuted as an indictable offence (rare), penalties may align with related charges like reckless GBH (section 35).
  • Non-Conviction Outcomes: For minor cases or first-time offenders, courts may impose a Conditional Release Order (CRO) under the Crimes (Sentencing Procedure) Act 1999, avoiding a conviction.

Additional Consequences

A conviction can lead to:

  • Criminal Record: Remains on your National Police Certificate for 10 years (or 3 years for juveniles) unless spent under the Criminal Records Act 1991.
  • Employment: A criminal record can hinder job prospects, particularly in roles requiring background checks (e.g., education, healthcare, or security).
  • Travel: Countries like the USA and Canada may deny entry for assault-related convictions.
  • Reputation: A conviction can damage personal and professional relationships, especially in domestic violence cases.
  • Apprehended Violence Orders (AVOs): An ADVO or Apprehended Personal Violence Order (APVO) may be imposed, restricting contact with the victim.
  • Civil Liability: Victims may seek compensation for medical expenses or emotional distress through civil proceedings.

Sentencing Considerations

Under section 21A of the Crimes (Sentencing Procedure) Act 1999, courts consider:

  • Aggravating Factors: Offence committed in the presence of a child, targeting a vulnerable victim, or causing significant harm.
  • Mitigating Factors: First-time offender, genuine remorse, cooperation with police, or minimal negligence.
  • Example: A first-time offender who caused GBH by accidentally pushing someone may receive a section 10 dismissal, while a repeat offender with reckless conduct could face imprisonment.

How a Sydney Criminal Defence Lawyer Fights a GBH by Unlawful or Negligent Act Charge

A Sydney criminal defence lawyer employs a range of strategies to defend against this charge, from challenging the prosecution’s evidence to negotiating outcomes. Below are the key approaches used by Nicopoulos Sabbagh Lawyers:

1. Analysing the Prosecution’s Evidence

The prosecution must prove the act was unlawful or negligent and caused GBH. A lawyer will scrutinise:

  • Medical Evidence: Assess whether the injury qualifies as “grievous bodily harm” or lesser harm (e.g., bruising for ABH).
  • Witness Statements: Cross-examine the victim or bystanders to identify inconsistencies or bias.
  • CCTV Footage: Review footage to confirm the act’s nature, context, or whether it was unlawful/negligent.
  • Police Reports: Identify procedural errors, such as failure to provide a caution (section 122, Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA)).

2. Challenging Unlawful or Negligent Conduct

A lawyer can argue:

  • The act was lawful (e.g., reasonable force in self-defence).
  • The conduct did not breach a duty of care, or the negligence was not significant enough to warrant criminal liability.
  • The harm was not directly caused by the defendant’s actions.

3. Raising Legal Defences

Several defences can be raised:

  • Self-Defence: You acted to protect yourself, another person, or property from unlawful harm (section 418, Crimes Act 1900).
  • Accident: The injury was unintentional and not due to negligence.
  • Duress: You were coerced into the act under threat of harm.
  • Mental Health or Cognitive Impairment: If a mental health condition contributed, a lawyer may seek a diversion under section 14 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Unlawful Police Conduct: Evidence obtained through an illegal arrest or search (section 99 or 21, LEPRA) can be excluded under section 138, Evidence Act 1995.

4. Challenging Causation

A lawyer can argue the injury was not directly caused by the defendant’s act or omission, such as:

  • An intervening event (e.g., a third party’s actions) caused the harm.
  • The victim’s pre-existing condition exacerbated the injury.

5. Negotiating Plea Deals

A lawyer can negotiate with NSW Police Prosecutors or the Office of the Director of Public Prosecutions (ODPP) to:

  • Reduce Charges: Downgrade to ABH (section 59) or common assault (section 61).
  • Amend Facts: Modify the police fact sheet to remove aggravating factors.
  • Dismiss Related Charges: Secure withdrawal of additional charges, such as resist arrest (section 546C, Crimes Act 1900).
  • Sentence Bargaining: Advocate for a non-conviction outcome or lighter penalty.

A guilty plea negotiated early can secure a sentencing discount of up to 25% under section 22 of the Crimes (Sentencing Procedure) Act 1999.

6. Securing Favourable Outcomes

A lawyer can advocate for the best possible outcomes on sentence for any of the following:

  • Section 10(1)(b) Conditional Release Order (CRO): No conviction, with conditions like good behaviour for up to 2 years.
  • Community Correction Order (CCO): Community service or supervision instead of imprisonment.
  • Mental Health Diversion: Treatment under section 14 for offenders with mental health issues.

7. Presenting Mitigating Factors

A lawyer can present mitigating factors to reduce penalties:

  • Character References: Letters from employers, family, or community members highlighting your good character.
  • Remorse: Evidence of apologies, cooperation with police, or restitution to the victim.
  • Rehabilitation: Completion of anger management, counselling, or safety training programs to demonstrate reform.
  • Hardship: Proof that a conviction would impact employment or family responsibilities.

8. Appealing a Conviction

If convicted, a lawyer can appeal to the District Court within 28 days under the Crimes (Appeal and Review) Act 2001 if:

  • The sentence is unduly harsh.
  • New evidence supports your innocence (e.g., a witness confirming an accident).
  • Procedural errors occurred during the trial.

A lawyer can also apply for a spent conviction under the Criminal Records Act 1991 after a crime-free period (10 years for adults, 3 years for juveniles).

The Court Process for a GBH by Unlawful or Negligent Act Charge

The court process typically involves:

  1. Investigation:
    1. Police collect evidence, such as medical reports, witness statements, photos of injuries, or CCTV footage.
  2. Arrest or Court Attendance Notice (CAN):
    1. Police may arrest you under section 99 of LEPRA or issue a CAN for a Local Court appearance.
  3. Bail Application:
    1. A lawyer applies for bail under the Bail Act 2013, arguing you pose no risk.
  4. Court Mention:
    1. You enter a plea (guilty or not guilty) in the Local Court. If not guilty, a hearing is scheduled.
  5. Hearing or Sentencing:
    1. If pleading not guilty, a hearing examines evidence to determine guilt.
    1. If pleading guilty or found guilty, a sentencing hearing determines penalties.
  6. Possible Outcomes:
    1. Non-conviction orders (section 10 dismissal or CRO).
    1. Conviction with fines, imprisonment, or AVOs.
    1. Mental health diversion under section 14.
  7. Appeals:
    1. Appeal to the District Court if the outcome is unfair.

Steps to Take When Facing a GBH by Unlawful or Negligent Act Charge

To protect your rights and improve your case outcome, follow these steps:

  1. Engage a Sydney Criminal Lawyer Immediately:
    1. Contact Nicopoulos Sabbagh Lawyers at info@nslaw.net.au or 0427 101 499 for a free consultation to assess your case and develop a defence strategy.
  2. Exercise Your Right to Silence:
    1. Avoid making statements to police without legal advice (section 89, Evidence Act 1995).
  3. Gather Evidence:
    1. Collect witness statements, CCTV footage, or medical reports to support your defence.
    1. Provide character references or proof of rehabilitation.
  4. Prepare for Court:
    1. Work with your lawyer to present a robust defence or negotiate a plea deal.
  5. Show Remorse:
    1. Consider apologetic gestures or completing rehabilitation programs to demonstrate reform.
  6. Appeal if Necessary:
    1. If convicted, appeal to the District Court or apply for a spent conviction.

Why Choose Nicopoulos Sabbagh Lawyers?

At Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers, we are dedicated to delivering exceptional representation for GBH, criminal, and traffic law matters in Sydney, NSW. Our team offers:

  • Specialised Expertise: In-depth knowledge of the Crimes Act 1900, Crimes (Sentencing Procedure) Act 1999, and Mental Health and Cognitive Impairment Forensic Provisions Act 2020.
  • Proven Results: Securing section 10 dismissals, CROs, and charge reductions across Sydney courts, including Parramatta, Liverpool, and Campbelltown.
  • Court Navigation: Expertise in managing cases amidst disruptions, such as the Downing Centre Local Court closure until late 2025.
  • Ethical Representation: Adhering to the Legal Profession Uniform Law (NSW) and Solicitors’ Conduct Rules for transparent, reliable advice.
  • Accessible Support: Contact us at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au for a free consultation.

Don’t let a GBH charge derail your future. Our Sydney criminal lawyers and traffic law specialists will fight tirelessly to protect your rights and achieve the best possible outcome.

Conclusion

Causing grievous bodily harm by an unlawful or negligent act is a serious offence in NSW, carrying penalties of up to 2 years imprisonment and significant life consequences. A Sydney criminal defence lawyer can defend against this charge by challenging evidence, raising defences like self-defence or accident, and securing non-conviction outcomes like section 10 dismissals or CROs. At Nicopoulos Sabbagh Lawyers, we leverage our expertise to deliver tailored strategies, ensuring your record, career, and freedom are safeguarded. Whether facing a charge in a domestic violence or traffic context, our team is here to guide you through the legal process.

Take control of your case today. Contact Nicopoulos Sabbagh Lawyers Criminal Defence & Traffic Lawyers at info@nslaw.net.au, 0427 101 499, or 02 9793 7016, or visit www.nslaw.net.au to schedule a free consultation. Let us help you fight your GBH charge and achieve the best possible result in NSW courts.

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Nicopoulos Sabbagh Lawyers are the leading Law firm in Traffic Law matters as our office appears at ALL Courts in NSW on a regular basis in ALL Traffic Law matters.  No matter is too complex for Nicopoulos Sabbagh lawyers, your Traffic Sydney Lawyers, so be sure to book your first Free Consultation today!

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*This article correctly reflects the Laws of NSW as of 3rd August 2025.

*Please note that this page or any other pages on our website (including any other social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered as a substitute for legal advice or even other professional advice. It should also be noted that accessing of this information from this website does not create a client-lawyer relationship.

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