Reckless infliction of grievous bodily harm (GBH) is one of the most serious non-fatal assault offences in NSW. Police often lay this charge in situations where injuries appear significant or where they believe a serious risk was created, even if the harm was accidental, unintentional, or caused in a fast-moving incident. Once the charge is filed, the matter will usually proceed unless the prosecution accepts that the evidence does not establish recklessness or GBH.
If you have been accused of causing serious injury, it is critical to get legal advice immediately. Reckless GBH carries significant penalties, including the potential for imprisonment, and the way the allegation is recorded in the early stages can strongly influence how the case unfolds.
At Lenz Legal, we act only for the accused. You are presumed innocent unless and until the prosecution proves every element of the offence beyond reasonable doubt.
Under section 35 of the Crimes Act 1900 (NSW), grievous bodily harm (GBH) refers to the most serious category of injury short of death. It includes:
The definition is informed by medical evidence, case law, and the statutory wording applied by NSW courts.
A person may be charged with reckless GBH if they:
The prosecution does not need to prove that you intended to cause serious harm.
They only need to prove recklessness as to some harm, and that GBH occurred.
Reckless GBH charges often emerge from situations that escalate quickly. Common scenarios include:
Police may charge the more serious offence initially, especially where the injury looks significant, even if the evidence of recklessness is weak.
To secure a conviction for reckless GBH, the prosecution must prove all of the following elements beyond reasonable doubt.
GBH must be established with evidence. It may include:
In many cases, medical reports, scans or treating practitioner notes become crucial.
The prosecution must demonstrate that your actions caused the harm. This may be straightforward in clear situations, but more complex in incidents involving multiple people, alcohol, confusion or limited visibility.
Recklessness means that you realised some harm might occur but proceeded anyway.
Important clarifications:
If even one of the above elements is not proven, the court must find you not guilty.
Reckless GBH cases frequently rely on a combination of medical and factual evidence.
Our role is to identify where statements are incomplete, inconsistent or unsupported by the physical evidence.
Establishing recklessness, rather than accident or misadventure, is often the central issue.
Available defences depend on the individual facts but commonly include:
Where the injury occurred unintentionally and without recklessness.
Where actions were taken to protect yourself or another person, and the response was reasonable in the circumstances.
Where harm was not reasonably foreseeable.
Where the allegation did not occur as described or medical evidence contradicts the prosecution version.
Where it is unclear who caused the injury in group or chaotic situations.
In many cases, charges are withdrawn, downgraded to actual bodily harm, or amended following negotiation.
The maximum penalties for reckless GBH are set by statute.
Reckless grievous bodily harm
Maximum penalty: 10 years imprisonment
Reckless grievous bodily harm in company
Maximum penalty: 14 years imprisonment
Courts consider:
A DV-flagged offence does not increase the maximum penalty, but it does influence:
For comparison, see Actual Bodily Harm and Common Assault.
When you contact Lenz Legal, you will deal directly with a criminal defence lawyer who will:
We understand the pressure and stigma associated with serious allegations and work to ensure the court sees the full context.
(Assault – Actual Bodily Harm)
(Common Assault)
(Reckless Wounding)
(Affray)
A link back to the parent page: (Assaults and Violent Offences)
GBH includes the most serious categories of injury, such as permanent or long-term impairment, serious disfigurement or injuries that endanger life. A broken bone automatically qualifies as GBH.
Actual bodily harm includes less serious injuries such as bruising, swelling or cuts. Grievous bodily harm is reserved for very serious or permanent injuries. Medical evidence is critical in distinguishing between them.
No. The prosecution only needs to prove recklessness as to causing actual bodily harm, not intent to cause GBH.
Yes. These charges are frequently downgraded to actual bodily harm, especially where medical evidence does not support GBH.
Get legal advice before speaking to police or attending court. Contact Lenz Legal for confidential guidance about your situation.
Yes. Under NSW law, any fracture—no matter how small—is automatically treated as grievous bodily harm. Police and courts do not need medical evidence of long-term impairment for a fracture to qualify as GBH.
No. The prosecution only needs to prove that you were reckless as to causing some harm. They do not need to prove you intended to cause a serious or life-endangering injury.
Reckless wounding requires a break in both layers of the skin. Reckless GBH involves a far more serious level of injury, such as a fracture, permanent impairment, substantial disfigurement or harm that endangers life.
In some cases they do, particularly where visible injuries appear severe. However, medical confirmation is often essential in court, and the absence of proper evidence can significantly weaken the prosecution case.
Yes. The prosecution must prove you foresaw the possibility of causing actual bodily harm—not just minor or accidental contact. This is a higher threshold than many people realise.
Yes. Many matters are reduced to reckless wounding or assault occasioning actual bodily harm when the injury, intent or evidence does not support a GBH allegation.
We regularly identify inconsistencies between alleged injuries and medical records, or between statements and footage. These issues can undermine the allegation and support negotiation or withdrawal.
Imprisonment is possible because the offence carries significant maximum penalties, especially if charged “in company” or in a domestic context. Outcomes depend heavily on the injury, evidence and personal factors. Many cases resolve without full-time custody.
A DV label triggers mandatory considerations under NSW sentencing law and can increase the seriousness of the matter in the eyes of the court. It also affects bail, AVOs and future risk assessments.
Get legal advice before speaking to police or attending court. The earlier you contact Lenz Legal, the more we can do to protect your position and challenge the evidence.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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