Penalty for Reckless Wounding in NSW

Reckless wounding carries a maximum penalty of 7 years imprisonment. If committed in company, there is a maximum penalty of 10 years imprisonment. This offence also carries is a standard non-parole period of 3 years. A non-parole period is the imprisonment term that must be served before becoming eligible for parole.

Therefore, it is possible to be sentenced to jail. This includes first time offenders.

Will I go to jail?

The likelihood of full-time jail depends on the seriousness of the offence and your criminal history. In addition, the Court will consider your subjective circumstances. However, there are other options available to the court for serious offences, such as an intensive corrections order. Therefore, you should seek legal advice to find out if it is possible to minimise your chance of going to jail or to avoid the maximum penalty.

If I defend the charge, what must be proved?

The prosecution must prove beyond reasonable doubt that:

• There is an occurrence of a wound, and 
• You acted recklessly to cause actual bodily harm

A wound is defined as an injury that breaks the inner layer of the skin (dermis). This can include injuries such as:

• Deep cuts
• Lacerations
• A split lip

Actual bodily harm includes:

• Bruises
• Scratches
• More serious injuries

It’s important to note that the harm does not need to be permanent.

The prosecution does not need to prove that you intended to cause harm, only that they were aware of the risk and acted despite it.

This article is general in nature and does not constitute legal advice.