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Reckless Wounding

Reckless Wounding is an offence under Section 35 of the Crimes Act 1900 which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You wounded another person, and
  2. You did so recklessly

‘Wounding’ is the breaking of both layers of the skin being the dermis and epidermis and includes a ‘split lip’.

You are ‘reckless’ if you foresaw the possibility of wounding the other person which means you realised the wounding may occur, but went ahead with your actions regardless.

The maximum penalty increases to 10 years in prison where you committed the offence with another person or persons.

Defences to the charge include:

  1. Self-defence
  2. Duress, and
  3. Necessity

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