Reckless Wounding – sections 35(3) and 35(4) of the Crimes Act 1900

The maximum penalty for Reckless wounding is:

• imprisonment for seven years, or
• ten years imprisonment under circumstances of aggravation (more than one person is involved in the assault) – where you are charged under section 35(3) only.

Please note that such penalties are reserved for the most serious cases only.

This option is recommended only where you accept that:

• you wounded another person; and
• you realised that wounding was a probable consequence of your actions; and
• at least one other person was involved if you have been charged with the aggravated form of this offence.

A plea of guilty at the first available opportunity entitles you to a maximum sentencing discount of 25 per cent. It also demonstrates to the court that you have accepted responsibility for your actions.

What possible outcomes exist if found guilty?

• A non-conviction via a section 10 – asking the court for leniency
  • Leniency is where the court has found you guilty, but has exercised a discretion not to convict you. Therefore, you will avoid:
    • a fine or a penalty.
    • a conviction.
• Conditional release order “CRO” (with or without conviction)
  • This is usually subject to a period of good behaviour.
  • If an offence is committed during the period of the order, a court may resentence you for the offence committed.
• Community Corrections Orders (“CCO”)
  • An example of a CCO is performing service within the community.
• Intensive Corrections Order (“ICO”)
  • This is where a term of imprisonment can be served in the community.
• Full-time imprisonment
  • Served in a correctional facility.

If the injuries are serious, the most likely penalty for this offence is a term of imprisonment, even for first time offenders.

The Prosecution must establish beyond a reasonable doubt that:

• you wounded another person; and
• you realised that wounding was a probable consequence of your actions; and
• at least one other person was involved if you have been charged with the aggravated form of this offence.

If the Prosecution cannot prove all of the above elements beyond reasonable doubt, then the court must find you not guilty.

NB: Alternative verdict

Where an offence under s 35 is not proven, but the evidence shows the person has committed an offence against a subsection of this section (carrying a lesser maximum penalty), the accused may be acquitted of the offence charged, but found guilty of an offence against that other subsection.

Defences to Reckless Wounding

• Self-defence
  • The law allows the use of reasonable force to protect your yourself, your property or someone else against physical injury or damage.
  • You must have honestly and reasonably believed that there was a threat to your safety.
  • The courts will consider the nature of the threat faced and your physique, age, and sex.
• Duress
  • Another person coerced or threatened you into harming another person, or the circumstances warranted such an action.
• Necessity
  • To stop a greater harm from occurring.
• There was no Reckless Wounding
  • The injuries do not amount to Reckless Wounding. EG. Only the outer layer of the skin was broken.
• Mistaken identity

You did not cause the harm sustained to the victim.