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Wounding Offences in NSW & ACT
Andrew Byrnes Law Group • Jan 16, 2023
What is Wounding in the New South Wales Criminal Law?
Unlawful wounding is the act of inflicting an injury or causing grievous bodily harm on another person that results in skin bruising. Technically, a wound refers to both layers (the dermis and epidermis) of the skin being broken.
According to the courts, wounding can be in the form of a cut, split lip, or a stabbing wound, and which might occur with or without the use of a weapon.
The act of inflicting grievous bodily harm on another person whether done carelessly or maliciously can be considered a criminal offence in the NSW courts and may subject the offender with a lawful arrest and carry a prison sentence once found guilty.
If you have been charged with assault or unlawful wounding causing actual bodily harm as described above, you can be charged with indictable offences and may even face more serious punishments under criminal law. To ensure the best possible outcome for your case, contact an experienced criminal lawyer right away.
Reckless Wounding Offences in NSW
A case is considered "reckless" when the accused realised that the injury inflicted might actually hurt or injure the victim but he/she still carried out his/her plan of action.
According to Section 35 of the Crimes Act 1900 (NSW), reckless wounding carries a maximum penalty of up to seven years imprisonment. However, in order for your case to pursue, the prosecution must prove the following beyond reasonable doubt:
- You caused harm to someone else, and
- You were careless enough to hurt that individual or another person
A case is considered "reckless" when the accused realised that the injury inflicted might actually hurt or injure the victim but he/she still carried out his/her plan of action.
According to Section 35 of the Crimes Act 1900 (NSW), reckless wounding carries a maximum penalty of up to seven years imprisonment. However, in order for your case to pursue, the prosecution must prove the following beyond reasonable doubt:
- You caused harm to someone else, and
- You were careless enough to hurt that individual or another person
Actual bodily harm that results in wounding of the outer layer of the victim's skin is subject to a maximum penalty of seven years imprisonment. However, if the injuries suffered consist of permanent or serious disfiguring, the defendant can face a maximum penalty of up to 10 years imprisonment.
Additional maximum penalties may also be applied if someone else was present when you committed the crime.
For instance, recklessly wounding a co-worker may subject you to 10 years imprisonment. But since the wounding offence was done inside the company's premises, the offender may be punished for 14 years imprisonment for causing grievous bodily harm in the company.
Although these punishments may appear severe, it's crucial to keep in mind that these maximum penalties can only be applied once proven guilty of committing an unlawful wounding or a grievous bodily harm.
Guilty Plea for Reckless Wounding
Before pleading guilty on your local court, your lawyer should assist you in checking if the police summary contains only factual information. If there are any comments that they disagree with, your attorney should negotiate with the police to have the facts changed.
To support your case, you can also request a character reference from trusted individuals like your employers, co-workers, and even your neighbors who know you and can support the specifics of the assault charges made against you.
Malicious Wounding Offences in NSW
According to Section 33 of the Crimes Act 1900 (NSW), intentional wounding carries a maximum penalty of up to twenty five years imprisonment. However, in order to establish the case, the prosecution must prove the following beyond reasonable doubt:
- You caused harm to someone else, and
- You acted intentionally to commit the crime
Intentional wounding or causing grievous bodily harm with intent subjects to a 'standard non-parole period' of 7 years imprisonment which serves as a benchmark for the sentencing judge when determining how long you must serve before becoming qualified to seek for parole.
A serious bodily injury, also defined as "grievous bodily harm" (GBH), includes but is not limited to:
- any permanent or serious disfiguring of the body
- unlawful wounding of a pregnant woman, and
- any life threatening grievous bodily disease
Guilty Plea for Malicious Wounding
Although 25 years imprisonment is the maximum penalty for intentional wounding, this can only be applied in the most severe situations. Hence, the facts and circumstances of your case will ultimately determine the type of penalty you will receive.
This means that when deciding on the proper punishment, the court will take into account all pertinent circumstances, including the gravity of the harm inflicted, the nature of the injury caused, as well as your prior criminal history whether you have shown remorse on the assault offence and whether you have a tendency to commit a grievous bodily harm again in the future.
Filing of No Guilty Plea to Wounding Charges in the ACT
You are entitled to an acquittal, or a filing of a not guilty plea if the court is unable to prove the circumstances as stated above. Self defence, duress, and necessity are all legitimate defences to allegations of unlawful wounding and grievous bodily harm.
The Magistrates Court in the Australian Capital Territory typically adjudicates wounding cases. When this happens, a penalty of 2 years imprisonment is the most severe punishment that can be issued to you for committing the crime. However, the Supreme Court will hear the case in the event that you want it to be decided on indictment.
Accomplished Criminal Lawyers in Canberra
Are you being investigated for unlawful wounding and assault in Canberra? You may need an experienced criminal attorney to defend your case.
In Australia, charges of assault can be brought against a person due to unlawful wounding, grievous bodily harm, reckless causing injury, and sexual assault.
Many individuals wrongly assume that a common assault causing grievous bodily harm is only a minor offence. But actually, you might be charged with a more serious offence under the criminal code.
If you have been accused of wounding and grievous bodily harm in Australia, it is crucial to obtain a reliable legal defence from our assault defence lawyers in New South Wales and Canberra as the repercussions of a conviction for unlawful wounding may be severe.
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