Offence

Begin Search
ADLA member for - NSW

Written by
Lionel Rattenbury
Criminal Defence Lawyer


Email your enquiry Make an appointment
Call 02 9261 4555
Assaults / Violence Offences - NSW
Welcome to the NSW Assault causing grevious bodily disease article page. Everything you need to know about Assault causing grevious bodily disease according to NSW law - Dated: 01/09/2009

What the Law States according to NSW Law for Assault causing grevious bodily disease
According to NSW Law for the charge of Assault causing grevious bodily disease, Section 36 of Crimes Act 1900 states:
A person:
(a) who maliciously by any means causes another person to contract a grievous bodily disease, or
(b) who attempts maliciously by any means to cause another person to contract a grievous bodily disease, with the intent in any such case of causing the other person to contract a grievous bodily disease, is liable to imprisonment for 25 years. 

The Maximum Penalty - Assault causing grevious bodily disease
According to NSW Law for the charge of Assault causing grevious bodily disease, The Maximum penalty for the offence of Causing a Grievous Bodily Disease is a 25 years imprisonment.

What the Police must prove according to NSW Law for Assault causing grevious bodily disease

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused caused another person to contract a grievous bodily disease.
  2. The act was done maliciously.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Possible Defences under NSW Law - Assault causing grevious bodily disease

Possible defences to this offence include but are not limited to

  1. Duress
  2. Necessity
  3. Self Defence
  4. Intoxication

In NSW which court will hear the matter - Assault causing grevious bodily disease
This matter is strictly indictable which means that it can only be finalised in the District Court.
null null