Jail Assault Defense
The client has reported that their partner, currently incarcerated at a correctional facility in New South Wales, was charged with grievous bodily harm (GBH) following an altercation that occurred in 2023. The partner was allegedly coerced into participating in the fight under threats and was later injured during the incident. He has since been placed in protective custody for several weeks, receiving medical attention after the event. There is a history of threats directed at the partner, and there were witnesses present during the stabbing incident. The client is concerned about potential penalties, given the partner's previous incarceration but lack of prior violence; their attempts to alert the authorities about safety issues reportedly went unheeded.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat defenses can be raised in a case of grievous bodily harm, especially considering my partner acted under duress?
In cases of grievous bodily harm (GBH) in New South Wales, a key defence that can be raised is duress. It must be shown that a threat of serious harm existed, leaving no reasonable alternative but to commit the act. Evidence such as protective custody placement, previous threats, and witness statements can support this defence.
How can we gather evidence to support my partner's claim that he was threatened and acted under duress?
Gather evidence by compiling detailed witness statements from observers of the threats or incident. Medical reports documenting injuries can corroborate claims. Requesting available CCTV footage and ensuring previous complaints to authorities about safety threats are recorded may also strengthen your case.
What are the potential penalties for grievous bodily harm in New South Wales, and how might duress impact sentencing?
Penalties for grievous bodily harm (GBH) can include significant imprisonment, often up to 25 years, depending on severity and circumstances. If duress is proven, it may lead to reduced culpability, influencing sentencing.
Can my partner's placement in protective custody be used as evidence of the threats he faced within the jail?
Yes, placement in protective custody can indicate recognition of risk to an inmate's safety. This can be used as evidence to support claims of duress, especially combined with other evidence.
What are the steps involved in proving duress as a legal defence in a criminal case in New South Wales?
Proving duress requires demonstrating a serious threat, immediate danger, and that no reasonable escape was possible. Gathering corroborative evidence like witness testimony and medical records is essential.
