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.