The maximum penalty for the offence of reckless wounding or GBH is 10 years in prison.
However, it is important to bear in mind this is the most severe penalty that can be imposed, and the court will take into account a wide range of factors when determining the appropriate penalty in your particular case.
These factors include whether you pleaded guilty or were found guilty after a hearing or trial, your criminal history (or lack thereof), your remorse as can be demonstrated through character references and/or a letter of apology, the likelihood that you will reoffend as can be shown through any courses or programs you have undertaken since the date of the offence and the seriousness of the particular conduct itself, to name a few.
In the Local Court
The most common penalty imposed for recklessly cause GBH in company under section 35(1) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order.
The average full term prison sentence imposed for the offence is 21 months and the average non-parole period (the minimum term in prison) is 14 months years.
The most common penalty imposed for recklessly cause GBH under section 35(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order without conviction.
The average full term prison sentence imposed for the offence is 17 months and the average non-parole period (the minimum term in prison) is 10 months.
The most common penalty imposed for recklessly wound in company under section 35(3) of the Crimes Act is imprisonment and intensive correction order, followed by community correction order, then section 10A conviction with no other penalty, conditional release order without conviction and fine only.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 10 months.
The most common penalty imposed for recklessly wound under section 35(4) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then conditional release order with conviction, then section 10(1)(a) dismissal.
The average full term prison sentence imposed for the offence is 18 months and the average non-parole period (the minimum term in prison) is 10 months.
In the Higher Courts
The most common penalty imposed for recklessly cause GBH in company under section 35(1) of the Crimes Act is imprisonment, followed by intensive correction order.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for accessory after the fact to recklessly cause GBH in company under section 35(1) of the Crimes Act is section 9 bond, followed by intensive correction order.
The most common penalty imposed for recklessly cause GBH under section 35(2) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order.
The average full term prison sentence imposed for the offence is 3.5 years and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for attempt to recklessly cause GBH under section 35(2) of the Crimes Act is suspended sentence (repealed penalty).
The most common penalty imposed for recklessly wound in company under section 35(3) of the Crimes Act is imprisonment, followed by intensive correction order, then children’s court penalties.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 1.5 years.
The most common penalty imposed for accessory before the fact to recklessly wound in company under section 35(3) of the Crimes Act is intensive correction order.
The most common penalty imposed for aid, abet, counsel or procure etc recklessly wound in company under section 35(3) of the Crimes Act is intensive correction order.
The most common penalty imposed for accessory after the fact to recklessly wound in company under section 35(3) of the Crimes Act is imprisonment, followed by section 9 bond.
The average full term prison sentence imposed for the offence is 30 months and the average non-parole period (the minimum term in prison) is 2 years.
The most common penalty imposed for recklessly wound under section 35(4) of the Crimes Act is imprisonment, followed by intensive correction order, then community correction order, then children’s court penalties.
The average full term prison sentence imposed for the offence is 3 years and the average non-parole period (the minimum term in prison) is 20 months.
The most common penalty imposed for accessory before the fact to recklessly wound under section 35(4) of the Crimes Act is imprisonment.
The average full term prison sentence imposed for the offence is 2 years and the average non-parole period (the minimum term in prison) is 18 months.
The most common penalty imposed for accessory after the fact to recklessly wound under section 35(4) of the Crimes Act is intensive correction order and community correction order.
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