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Penalty for Reckless Wounding or GBH | Section 35 Crimes Act NSW

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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.

According to the Judicial Commission of New South Wales, the penalties imposed for the offence are:

In the Local Court

Recklessly cause GBH in company – section 35(1)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 2 7.4%
Intensive Correction Order 12 44.4%
Imprisonment 13 48.1%

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.

Recklessly cause GBH – section 35(2)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 2 0.8%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 46 18.4%
Intensive Correction Order 99 39.6%
Imprisonment 103 41.2%

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.

Recklessly wound in company – section 35(3)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 1 1.4%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 1 1.4%
Conditional Release Order with Conviction 0 0%
Community Correction Order 7 9.6%
Intensive Correction Order 32 43.8%
Imprisonment 32 43.8%

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.

Recklessly wound – section 35(4)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 7 1%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 5 0.7%
Community Correction Order 167 25%
Intensive Correction Order 238 35.6%
Imprisonment 252 37.7%

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

Recklessly cause GBH in company – section 35(1)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 24 27.9%
Imprisonment 60 69.8%

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.

Accessory after the fact to recklessly cause GBH in company – section 35(1)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Section 9 Bond 2 66.7%
Intensive Correction Order 1 33.3%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

Recklessly cause GBH – section 35(2)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 3 1.6%
Intensive Correction Order 44 23.5%
Imprisonment 140 74.9%

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.

Attempt to recklessly cause GBH – section 35(2)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Suspended Sentence (repealed penalty) 1 100%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

Recklessly wound in company – section 35(3)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 2 1.4%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 44 30.6%
Imprisonment 98 68.1%

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.

Accessory before the fact to recklessly wound in company – section 35(3)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 1 100%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

Aid, abet, counsel or procure etc recklessly wound in company – section 35(3)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 1 100%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

Accessory after the fact to recklessly wound in company – section 35(3)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Section 9 Bond 1 50%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 50%

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.

Recklessly wound – section 35(4)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 6 1.8%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 13 3.9%
Intensive Correction Order 81 24.3%
Imprisonment 234 70.1%

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.

Accessory before the fact to recklessly wound – section 35(4)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 0 0%
Intensive Correction Order 0 0%
Imprisonment 1 100%

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.

Accessory after the fact to recklessly wound – section 35(4)

Penalty type Number of cases Percent of cases
Children’s Court Penalties 0 0%
Section 10(1)(a) Dismissal 0 0%
Conditional Release Order Without Conviction 0 0%
Section 10A Conviction with No Other Penalty 0 0%
Fine Only 0 0%
Conditional Release Order with Conviction 0 0%
Community Correction Order 1 50%
Intensive Correction Order 1 50%
Imprisonment 0 0%

The average full term prison sentence imposed for the offence is 0 years and the average non-parole period (the minimum term in prison) is 0 years.

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