Reckless Wounding

THINGS YOU NEED TO KNOW:

1. Reckless wounding is a serious offence; however, they are often laid incorrectly when a more appropriate charge would be an assault occasioning actual bodily harm.
2. Reckless wounding is an offence under section 35(4) of the Crimes Act 1900(NSW).
3. The maximum penalty is 7 years imprisonment, however if dealt with in the Local Court the maximum penalty is 2 years imprisonment.
4. Reckless wounding carries a maximum penalty of seven years imprisonment in the District Court, which is capped at 2 years in the local court. There is a standard non-parole period of 3 years imprisonment.
5. If you plead guilty, or are found guilty, a number of different sentences can be imposed. It is likely that a criminal conviction will be recorded.

HOW DO I BEAT A CHARGE OF RECKLESS WOUDNING? 

You will be found not guilty of the offence of Reckless wounding if the police cannot prove beyond reasonable doubt:

1. You wound any person. Wounding involving the breaking or cutting of the interior layer of the skin (dermis) and the breaking of the outer layer (epidermis) is not sufficient. A wound may be inflicted by a fist and a split lip is sufficient has been held to be sufficient.
2. You are reckless as to causing actual bodily harm to that or any other person.

Recklessness will be established if it is proven beyond reasonable doubt you foresaw the likelihood of actual bodily harm being inflicted and ignored the risk.

WHAT ARE THE POSSIBLE DEFENCES TO A RECKLESS WOUNDING OFFENCE? 

Defences include beating the elements of the charge, or, raising defences such as: necessity, duress or self-defence. These defences will result in you being found not guilty of the charge of reckless wounding.

PLEADING GUILTY TO AN OFFENCE OF RECKLESS WOUNDING? 

If you committed the offence and the police can prove so, we want to get you a better result than anyone else. We will often negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge, so that you get a lighter sentence. An experienced criminal lawyer will be able to get you the best result and that is why we ensure you be represented by a senior lawyer.

CASE STUDIES AT CRIMINAL LAWYERS GROUP:

Case study

Criminal Lawyers Group represented a young man who stabbed a woman at a party 4 times after he had found her with another young man in the toilet. Our client was extremely drunk and charged with a serious wound with intent charge. We negotiated a plea of guilty to a reckless wounding offence and he avoided a jail sentence, instead receiving a 18 month good behaviour bond.

Case study

Criminal Lawyers Group represented a 62-year-old man charged with reckless wounding of two men and a pub in Sydney CBD. Steven Mercael immediately obtained the brief of evidence of the police. The matter proceeded to a trial where the charge was dropped on day 3 of a 10 day trial. Mr Steven Mercael argued that evidence from the prosecution witness was unreliable due to his lengthy criminal history and the motive to lie due to being on parole at the time. This was an excellent result by Steven Mercael.

Case study

Steven Mercael represented a man charged with reckless wounding of another male whom he suspected has stolen drugs from his storage unit. CCTV captured from a camera at a nearby property captured our client stabbing the men multiple times. Mr Mercael argued it was a pre-emptive strike and excessive self-defence before the Judge. The client received a good behaviour bond and avoided a jail sentence despite being on a good behaviour bond at the time for drug supply charges.