When sentencing for wounding with intent to cause grievous bodily harm under s 33(1)(a) of the Crimes Act 1900 (NSW), the sentencing judge is entitled and required to take into account all injuries closely connected with the wounding, including for the purpose of evaluating the intention element, and may describe those injuries as amounting to grievous bodily harm without breaching the De Simoni principle. The Bourke v R approach (closely connected injuries) is preferred over the McCullough v R approach (injuries less serious than the wounding only). The Crown's forensic decision to charge wounding rather than causing grievous bodily harm does not preclude the sentencing judge from making findings about the severity of injuries. There is no principle of universal application that only a jury may determine whether injuries amount to grievous bodily harm.
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