Reckless Wounding

An offence of reckless wounding will result in a conviction and possibly imprisonment, if you plead guilty or you are found guilty.

What is Reckless Wounding?

An assault that was not intentional, but the person foresaw that an injury could result. The injury needs to be either ‘actual bodily harm’ or wounding in order to be guilty of this charge.

A wound means a deep cut or break in the skin. As a result, a cut or scratch on the outer layer of the skin is not sufficient to constitute wounding.  

The maximum penalty is 7 years imprisonment. However, the maximum penalty increases to 10 years if the offence is committed in the company of another person.

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    What does ‘reckless’ mean?

    There is no clear definition of recklessness, however the Criminal Court of Appeal in NSW has stated that the Crown must prove beyond reasonable doubt that the accused foresaw the possibility of a wound occurring as a result of the persons conduct (Chen v R [2013] NSWCCA 116 at [65]). 

    Can I avoid a criminal record for reckless wounding?

    A conviction for this offence is likely.

    However, it is possible to avoid a criminal conviction but it is very rare. The likelihood of this outcome depends on the extent of the injury, the circumstances of the offence, and the subjective circumstances of the offender. 

    Will I go to jail?

    Yes, you may be sentenced to imprisonment if the circumstances of the offence are serious. This includes first time offenders.

    If I defend the charge, what must be proved?

    The prosecution must prove beyond reasonable doubt:

    1. That there was physical conduct (touching or striking); 
    2. The physical conduct resulted in wounding or actual bodily harm; 
    3. At that time, you realised that some physical harm may be caused as a result of your actions, yet you did the act anyway.

    Therefore, you will be found not guilty if the prosecution is unable to prove these elements, or you can establish that you acted in self-defence, under duress or out of necessity.

    We can help 

    Our lawyers have helped many people in your position. Whether you want to defend the charge, or get the best possible sentence, we are here to help.

    Contact us today on 0421 700 497 for a free initial consultation.