Facing a reckless wounding or grievous bodily harm charge?
Reckless wounding and reckless grievous bodily harm are serious offences under section 35 of the Crimes Act 1900 (NSW). ED Legal provides advice and representation for these charges across Sydney and NSW.
The precise subsection matters because the law distinguishes between wounding and grievous bodily harm, and between offences committed alone and in company. The injury, causation and alleged state of mind all require careful analysis.
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How we can help you
We can review the police brief, medical evidence, expert material, CCTV, body-worn video, messages and witness statements. We will identify what the prosecution must prove under the particular section 35 charge.
We can advise before interview, prepare a defended case, make representations where appropriate and represent you through Local Court committal stages or higher-court proceedings where required.
Before a police interview or court date
If police are investigating a serious assault allegation, obtain legal advice before deciding whether to participate in an interview. The way the incident is described at an early stage can have significant consequences.
Preserve all relevant material, including footage, messages and medical information. Keep your Court Attendance Notice and bail papers and tell your lawyer immediately if you are in custody or subject to restrictive conditions.
Understanding section 35 charges
Section 35 creates several offences involving reckless grievous bodily harm or wounding. The prosecution must prove the injury and causation, as well as the required recklessness, beyond reasonable doubt.
Reckless grievous bodily harm
For reckless grievous bodily harm, the prosecution alleges that the accused caused grievous bodily harm and was reckless as to causing actual bodily harm. The maximum penalty is 10 years imprisonment, increasing to 14 years where the offence is committed in company.
Reckless wounding
For reckless wounding, the prosecution alleges that the accused wounded another person and was reckless as to causing actual bodily harm. The maximum penalty is 7 years imprisonment, increasing to 10 years where the offence is committed in company.
Medical evidence and causation
Whether an injury amounts to wounding or grievous bodily harm is a legal and evidentiary question. Medical records, photographs, expert opinion and the mechanism of injury may all be important, as can whether the alleged act actually caused the injury relied on.
Defending a wounding or GBH charge
A defence may involve disputing identity, the alleged act, causation, the nature of the injury or the prosecution case on recklessness.
Self-defence can also be relevant where force was used to protect yourself or another person. The factual sequence, perceived threat and proportionality of the response need careful examination.
In group incidents, it is important to separate your alleged conduct from the conduct of others and consider whether the prosecution can prove the relevant 'in company' allegation.
Serious injury charges can also raise questions about alternative verdicts or different assault offences. The strategy should be based on the precise indictment and evidence.
How these matters progress through court
Section 35 charges can involve serious criminal proceedings and may progress beyond the Local Court. We can explain the procedural stage, the evidence required and the decisions that need to be made as the matter advances.
If a plea is under consideration, get advice about the exact charge and agreed facts first. The factual basis can materially affect sentence.
Bail and urgent issues
Serious wounding and GBH allegations may lead to arrest, bail conditions or a bail application. Tell us immediately if you or a family member is in custody or subject to conditions that need urgent attention.
Bail strategy depends on the alleged conduct, prosecution case, criminal history, proposed address and conditions that can address identified risks. We can advise on preparation and representation.
Sentencing for section 35 offences
Sentencing depends on the particular subsection, injury, use of weapons, whether the offence was in company, the degree of recklessness, prior history and personal circumstances. The statutory maximums are substantial, so early advice and careful preparation are important.
Preparing to speak with a lawyer
Tell us the exact section or wording of the charge, the court and next date, and whether anyone is in custody. Have any Court Attendance Notice, bail papers, police facts and medical material available where possible.
For advice about reckless wounding or grievous bodily harm, contact ED Legal for a free initial consultation. You can also review our broader Assault Lawyer Sydney & NSW page.
Sources
Disclaimer: This information is general in nature and is not legal advice. It is intended as a guide only. You should obtain formal legal advice about your specific circumstances.
