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Criminal Law Blog WA

Maliciously Inflict Grievous Bodily Harm

A 16 year old Quinn de Campe is in critical condition after he was found in Balga Park lying in his pool of blood.

Police reported that another 16 year old boy maliciously inflict grievous bodily harm to de Campe that lead him to the said state. Police have already charged the alleged offender with Grievous Bodily Harm before the Perth Children’s Court.

Grievous Bodily Harm (GBH) under the Western Australia Law is governed by Section 297 Criminal Code. It states that Any person who unlawfully does grievous bodily harm (or GBH) to another, is guilty of a crime. GBH under this context is any bodily injury which is inflicted to another person that can endanger or cause or likely to cause to cause permanent injury to the health or life of the other person. Section 221 of the Criminal Code further provides aggravating circumstances which are: (a) the offender is in a family or domestic relationship with the victim; (b) a child was present when the offence was repeated; (c) the conduct was in breach of a Restraining Order; or (d) the victim was over the age of 60 years.

The maximum penalty provided by law for Grievous Bodily Harm is 10 years of imprisonment. If the GBH was perpetrated in a commission of stealing a motor vehicle or it is attended by aggravating circumstances, the maximum penalty is increased to 14 years. The same penalty applies if it committed against a Public Officer in the performance of his public and official function.

In order for the Offender to be convicted of the charge of Grievious Bodily Harm, the police must prove the following:
1. The alleged offender did the grievous bodily harm to the victim and he is sufficiently and positively identified;
2. The grievous bodily harm was done without no legal basis;
3. There was intent on the part of the alleged offender to do harm even though the harm inflicted is greater than what he has conceived; and
4. The harm amounts to a certain degree that is will likely cause permanent injury or endanger life.

Hearing of the case of Grievous Bodily Harm in Western Australia is lodged at the jurisdiction of the District Court.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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