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Penalty for Recklessly Cause GBH in Company | Section 35(1) Crimes Act NSW

The maximum penalty for the offence of “recklessly cause gbh in company”

According to the Judicial Commission of NSW, the actual penalties imposed for the offence are as follows:

Local Court:

Section 35(1) recklessly cause GBH in company

  • Prison: 60.9%
  • Suspended Sentence (no longer available): 17.4%
  • ICO: 13%
  • Community Service Order (now community correction order): 8.7%

The average prison sentence for the offence is 17.6 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 9.5 months in prison.

District and Supreme Court:

Section 35(1) post-Muldrock

  • Prison: 82.7%
  • Suspended Sentence (no longer available): 10.9%
  • ICO: 6.4%

The average prison sentence for the offence is 42.3 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 24.2 months in prison.

Section 35(1) pre-Muldrock

  • Prison: 77.4%
  • Suspended Sentence (no longer available): 14.5%
  • Period Detention: 6.5%
  • ICO: 1.6%

The average prison sentence for the offence is 42 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 21.7 months in prison.

Section 35(1) accessory after fact to recklessly cause GBH in company

  • Section 9 Bond (now community correction order): 66.7%
  • ICO: 33.3%

The average prison sentence for the offence is 0 months imprisonment, and the average non-parole period (or minimum prison term that must be served) is 0 months in prison.

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