Section 35 Crimes Act 1900 | Reckless Wounding


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Section 35 of the Crimes Act is very similar to section 33, except that it deals with wounding or grievous bodily harm when it is caused recklessly, rather than deliberately.

A ‘wound’ is defined as an injury that results when both layers of the skin are broken – for example, a split lip or a deep cut.

‘Grievous bodily harm’ is defined as ‘really serious injury,’ or a ‘permanent and serious disfigurement,’ such as broken bones, internal organ damage, or the killing of a foetus.

Section 35 says that if you knew, or should have known that your actions could have resulted in another person being wounded or suffering grievous bodily harm, you could face a maximum penalty of 7 years imprisonment (in the case of wounding), or 10 years imprisonment (where the other person suffers grievous bodily harm).

You could also face harsher maximum penalties if there was someone else with you when you committed the offence.

For example, you could face a maximum penalty of 10 years imprisonment for recklessly wounding another person in the company of another person, or 14 years imprisonment for causing grievous bodily harm in company.

While these penalties may seem harsh, it’s important to remember that they are maximum penalties – so they only apply in the most serious reckless wounding/GBH cases.

With the knowledge and experience of a good criminal lawyer, you may be able to fight the charges by showing the court that you had a good reason or excuse for your behaviour, for example where you acted in self-defence to protect yourself, someone else or your property from being harmed.

For more information about reckless wounding or grievous bodily harm, visit our offence page.

The Legislation

Section 35 of the Crimes Act deals with the offence of “reckless wounding” and reads as follows:

35 Reckless grievous bodily harm or wounding

(1) Reckless grievous bodily harm–in company A person who, in the company of another person or persons, recklessly causes grievous bodily harm to any person is guilty of an offence. Maximum penalty: Imprisonment for 14 years.

(2) Reckless grievous bodily harm A person who recklessly causes grievous bodily harm to any person is guilty of an offence. Maximum penalty: Imprisonment for 10 years.

(3) Reckless wounding–in company A person who, in the company of another person or persons, recklessly wounds any person is guilty of an offence. Maximum penalty: Imprisonment for 10 years.

(4) Reckless wounding A person who recklessly wounds any person is guilty of an offence. Maximum penalty: Imprisonment for 7 years.

 

Why Sydney Criminal Lawyers?

As Sydney’s leading criminal defence team, Sydney Criminal Lawyers has successfully defended clients in hundreds of reckless wounding and GBH cases.

Our expert lawyers can advise you of the best course of action when it comes to fighting your matter in court.

We can assist you in writing to the prosecution and pushing to have the charges dropped where there are issues with the prosecution case, or where there is not enough evidence to prove that you committed the crime.

If the matter ends up in court, our highly experienced senior defence lawyers will present your case in the most compelling manner to maximise your chances of being found “not guilty.”

We can also help you if you simply want to plead guilty, by preparing effective ‘sentencing submissions’ to persuade the court to deal with your matter leniently so that you avoid the harsh penalties contained in the law.

So don’t waste your time and money talking to an inexperienced junior lawyer – call us today on (02) 9261 8881 and book your FREE first conference to find out how we can help you win your reckless wounding or GBH case.