The offence of ‘Reckless Wounding’ is contained in the Crimes Act 1900, as section 35(4) states the following:
A person who:
- Wounds any person, and
- Is reckless as to causing Actual Bodily Harm to that or any other person, is guilty of an offence.
Maximum Penalty: Imprisonment for 7 years.
Furthermore, if this offence is committed in company, section 35(3) of the Crimes Act 1900 further states the following:
A person who, in the company of another person or persons:
- Wounds any person, and
- Is reckless as to causing actual bodily harm to that or any other person, is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
What does ‘In Company’ mean?
If an offence is committed ‘in company’ then this means that the offence was committed with another person (or other persons) present.
Actions which could constitute ‘Reckless Wounding’
Examples of ‘reckless wounding’ include, when a person has been cut or stabbed, punching or hitting another person which causes another person a breaking in their skin but not causing permanent or serious disfigurement(s) might also constitute ‘Reckless Wounding’
What does the word ‘’Reckless’’ Mean?
The word ‘reckless’ or ‘recklessness’ is not defined in the Crimes Act.
To be found guilty of the offence of ‘Reckless Wounding’, it should be noted that the Prosecution must prove the following elements beyond a reasonable doubt:
- You Wounded a person.
- The act was done ‘recklessly’ as to causing Actual bodily harm- to prove a wounding offence, the prosecution must prove beyond reasonable doubt that, at the time of the wounding, the accused realised some physical harm may be caused and the actions were still taken and injury to requisite level was caused.
It is very important that you speak with a lawyer if you have been charged with an offence so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 23rd June 2022.
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