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Charged with a Wounding Offence in NSW?
Wounding is a serious criminal offence under the Crimes Act 1900 (NSW) that carries significant penalties. At common law, “wounding” is defined as the breaking or cutting of the skin — the injury must penetrate both the outer and inner layers of the skin. This distinguishes wounding from other assault charges where the injury may be limited to bruising or swelling.
If you have been charged with a wounding offence, contact Blackridge Law immediately on 02 9159 9010 for a free consultation.
Types of Wounding Offences
| Offence | Section | Maximum Penalty |
|---|---|---|
| Wounding with Intent | s 33, Crimes Act 1900 | 25 years imprisonment |
| Reckless Wounding | s 35, Crimes Act 1900 | 7 years imprisonment |
| Reckless Wounding in Company | s 35, Crimes Act 1900 | 10 years imprisonment |
Elements of Wounding
- You performed a specific act
- Your act caused a wound to the victim (breaking or cutting of the skin)
- Your conduct was intentional (for s 33 — you deliberately intended to wound or cause GBH) or reckless (for s 35 — you foresaw the possibility of causing injury but proceeded regardless)
Defences to Wounding
- Self-Defence: Your conduct was necessary to protect yourself, another person, or property, and was reasonable in the circumstances
- Consent: The victim consented to the conduct, such as in regulated sporting activities
- Duress: You were forced or threatened into committing the act
- No Legal Wounding: The injury does not meet the legal definition of a wound (i.e., the skin was not broken or cut)
- Causation: The wound was not caused by the accused’s actions
- Mental Health Considerations: Proceedings may be dealt with under the Mental Health (Forensic Provisions) Act 1990
- Intoxication: May be relevant when assessing whether the accused formed the required intent (for s 33 charges)
Penalties for Wounding
Wounding with intent carries a maximum of 25 years’ imprisonment and is strictly indictable (must be heard in the District or Supreme Court). Reckless wounding carries up to 7 years (or 10 years in company). A term of full-time imprisonment is a realistic outcome, particularly in cases involving intent or serious injury.
How Blackridge Law Can Help
Wounding charges require careful analysis of the medical evidence, the circumstances of the incident, and the accused’s state of mind. Our lawyers obtain and review forensic and medical reports, challenge the prosecution’s characterisation of the injury, and explore all available defences. Where appropriate, we negotiate with the prosecution to have wounding charges downgraded to less serious offences such as ABH or common assault.
Speak with a lawyer
Charged with wounding? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
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