Reckless Wounding

The maximum penalty for the charge of reckless wounding (Section 35[4] of the Crimes Act) is 7 years imprisonment. However if you commit the offence in company with another person the maximum penalty is 10 years.

Prosecution to prove

The police must prove each of the following matters beyond a reasonable doubt:

1. You wounded a person.
2. The act was done recklessly.

They will also need to prove that you were the person who committed the reckless wounding offence.

This matter is a Table 1 offence which means that either the DPP or an accused can elect to have the matter dealt with in the District Court. If no election is made it will be dealt with in the Local Court.

Penalties

The court can impose any of the following penalties:

• Section 10 Crimes (Sentencing Procedure) Act-charge found proven but dismissed.
• Community Service Order.
• Intensive Correction Order (previously known as periodic detention)
• Fine
• Good Behaviour bond.
• Suspended sentence
• Home detention
• Prison Sentence

Local Court

Based on statistics from the Judicial Commission of New South Wales we believe that the penalty in a case that is within the mid range of seriousness for the offence of reckless wounding, if heard in the Local Court, is likely to be a suspended sentence with supervision under section 12 of the Crimes (Sentencing Procedure) Act for a period of 5 years.

For first time offenders the likely penalty is a community service order for a period of 200 hours.

District Court

If the matter is finalised in the District Court the likely penalty is imprisonment for a period of 3 years.

For first time offenders the likely penalty is an intensive correction order for a period of 3 years.