Wounding or causing grievous bodily harm (GBH) with intent is one of the most serious non-fatal assault offences in NSW. Police treat these matters as high-risk cases, often laying charges quickly based on limited information or initial impressions at the scene. Once filed, the charge proceeds regardless of whether the complainant later wants to withdraw it.
If you have been accused of causing a wound or serious injury with intent, you should get legal advice immediately. The allegation carries a maximum penalty of 25 years imprisonment, and early decisions can significantly affect the case, the negotiations available, and the outcome.
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.
Section 33 of the Crimes Act 1900 (NSW) covers two forms of the offence:
Both limbs require the prosecution to prove specific intent. This is what separates the offence from reckless wounding or reckless GBH.
A wound occurs when both layers of the skin (dermis and epidermis) are broken. Surface scratches, redness or swelling do not meet the legal threshold.
Courts define GBH as any really serious injury, including:
Police may lay a s 33 charge in situations involving:
Charges are sometimes laid even when the evidence about intent is unclear or disputed.
To secure a conviction for s 33, the prosecution must prove every element beyond reasonable doubt.
Police must prove that you caused:
This is the critical component of the offence.
The prosecution must prove that you intended to cause grievous bodily harm.
It is not enough to show:
Specific intent to cause GBH must be proven.
Police frequently rely on assumptions or incomplete evidence when assessing intent.
Common issues include:
Intent must be proven by evidence, not assumption.
Wounding or GBH with intent allegations often arise in:
Example 1
A heated argument results in a person raising a hand holding an object. The complainant suffers a cut. Police assume the injury proves intent, despite unclear footage.
Example 2
During a group confrontation outside a venue, someone is pushed, falls, and sustains a fracture. Police lay a s 33 charge because fractures qualify as GBH even though the footage does not show deliberate intent.
Example 3
A defensive movement during a struggle results in a deep cut. Police classify the injury as a wound but incorrectly infer intent from the seriousness of the outcome.
If you acted to protect yourself or another person, and your response was reasonable in the circumstances, self-defence may apply.
This is often the strongest defence, as intent is difficult for the prosecution to prove.
Situations include:
Where the alleged act did not occur or the evidence is contradictory.
Injuries may be:
Many s 33 charges are reduced to:
Assault Occasioning Actual Bodily Harm
This usually occurs when:
The offence carries a maximum penalty of 25 years imprisonment, reflecting its seriousness.
Courts consider:
Depending on the evidence, background and circumstances, outcomes may include:
Even with serious allegations, non-custodial outcomes may be possible if intent is not proven or the charge is downgraded.
When you come to Lenz Legal, you will deal directly with a criminal defence lawyer who understands how these allegations are investigated and prosecuted.
We will:
Our priority is to protect you, challenge assumptions and ensure the court sees the full context—not just the police summary.
A wound occurs when both layers of the skin are broken. Surface marks or redness do not qualify.
It means the accused must have specifically intended to cause a really serious injury, not just pain, discomfort or minor harm.
Yes. In NSW, any fracture is automatically classified as grievous bodily harm.
Intoxication can affect perception, memory and reliability of statements on both sides. It may also undermine the prosecution’s version of intent.
Imprisonment is possible due to the maximum penalty. Actual outcomes depend on the injury, evidence and personal circumstances. Many charges resolve through downgrades.
Get legal advice before speaking to police or attending court. Early guidance can significantly change how the case unfolds. Contact Lenz Legal to discuss your situation.
Yes. The prosecution must prove specific intent to cause grievous bodily harm, which is a much higher threshold than recklessness.
Yes. Many are reduced to [Reckless Wounding] or [Reckless GBH] when intent cannot be shown.
No. The seriousness of an injury does not prove intent. The prosecution must prove what was in your mind at the time.
Yes. Police may rely on statements alone, but lack of footage can weaken the case.
A DV label triggers additional considerations and can increase perceived seriousness in sentencing.
[Reckless Wounding]
[Reckless GBH]
[Assault Occasioning Actual Bodily Harm]
[Common Assault]
[Affray]
[Violent Disorder]
[Assaults & Violent Offences]
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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