Grievous Bodily Harm (GBH) is among the most serious forms of assault recognised under Australian criminal law. It refers to acts that cause severe or permanent injury, often involving deliberate or reckless violence. GBH offences are treated as indictable crimes and typically result in prosecution in higher courts.
This guide provides:
The legal definition of GBH
Examples of GBH offences
How police lay charges
The court process and evidentiary standards
Common legal defences
Relevant laws, penalties, and courts by state
While definitions vary slightly between jurisdictions, GBH generally refers to:
Any bodily injury of a serious nature
Injuries that cause permanent disfigurement, disability, or endanger life
Stabbing someone with a knife, causing internal damage
Blunt force trauma resulting in a fractured skull or broken limbs
Severe burns or permanent scarring
Injuries leading to long-term cognitive or physical impairment
Police may charge a person with GBH if:
There is strong physical evidence (e.g. hospital reports, images of injury)
Witnesses support the account
CCTV, DNA, or forensic analysis links the accused to the act
Depending on the seriousness, police can arrest and charge the suspect immediately. Bail may be refused due to the severity of the offence.
To convict a person of GBH, the prosecution must prove:
The accused inflicted grievous bodily harm
The harm was caused intentionally or recklessly
The act was unlawful (not in self-defence or with legal justification)
Possible legal defences to a GBH charge include:
Self-defence
Accident (no intent or foreseeability)
Duress
Mental impairment
Lack of intent
Identity mistaken
Is one of the most serious assault offences in Australia. Below is a breakdown of the penalties, legal definitions, and court processes across NSW, VIC, QLD, SA, WA, and the ACT.
Legislation: Crimes Act 1900 (NSW), Sections 33–35
Penalty: Up to 25 years imprisonment (intentional GBH)
Court: District or Supreme Court
Example: Deliberate stabbing or striking with intent to maim or disable
Legislation: Crimes Act 1958 (VIC), Section 16 (Cause serious injury intentionally or recklessly)
Penalty: Up to 20 years (intentional), 15 years (reckless)
Court: County Court or Supreme Court
Example: Causing permanent vision loss from a punch or kick
Legislation: Criminal Code Act 1899 (QLD), Section 320
Penalty: Up to 14 years imprisonment (life in aggravating circumstances)
Court: District or Supreme Court
Example: Disfiguring acid attack or brain injury from blunt force
Legislation: Criminal Code Act Compilation Act 1913 (WA), Section 297
Penalty: Up to 10 years imprisonment (can be greater if in company or with weapon)
Court: District or Supreme Court
Example: Breaking bones using a blunt object or resulting in permanent disability
Legislation: Criminal Law Consolidation Act 1935 (SA), Section 23
Offence Name: Causing serious harm
Penalty: Up to 20 years imprisonment
Court: District Court or Supreme Court
Example: Intentional injury resulting in loss of limb or internal organ damage
Legislation: Crimes Act 1900 (ACT), Section 19
Offence Name: Causing grievous bodily harm
Penalty: Up to 20 years imprisonment
Court: Supreme Court
Example: Beating someone unconscious resulting in long-term brain damage
While we don’t provide legal advice—as every case is unique and only a qualified lawyer is permitted to do so—we’ll do our best to guide you with relevant general information. If we’re unable to assist, we can refer your query to a licensed criminal lawyer.
