Our criminal lawyers believe Reckless wounding to be an unusual criminal offence as it is used by police often in inappropriate circumstances. Wounding has traditionally been associated with stab wounds, but wounding is defined as a “breaking of the skin”. The offence does not require a weapon to be committed. Both a split lip and stab wound can be a wound, and both a punch and knife attack can cause one. Whatever the wound, and however it has been caused, we have a track record of beating recklessly wounding charges as well as getting our clients lenient sentences.
Ways our criminal lawyers often beat the charge of Reckless wounding is by arguing the injury is not a wound or by raising self-defence.
How do I beat a charge of Reckless wounding?
You will be found not guilty of the offence of Reckless wounding if the police cannot prove beyond reasonable doubt:
- You wound any person. Wounding involving the breaking or cutting of the interior layer of the skin (dermis) and the breaking of the outer layer (epidermis) is not sufficient. A wound may be inflicted by a fist and a split lip is sufficient has been held to be sufficient.
- You are reckless as to causing actual bodily harm to that or any other person.
Recklessness will be established if it is proven beyond reasonable doubt you foresaw the likelihood of actual bodily harm being inflicted and ignored the risk.
Defences available include: self-defence.
Pleading guilty to Reckless wounding
If you committed the offence and the police can prove so, we want to get you a better result than anyone else. We will often negotiate with prosecutors for you to plead guilty to less serious facts, or even a less serious charge, so that you get a lighter sentence.
Reckless wounding carries a maximum penalty of seven years imprisonment in the District Court and two years imprisonment in the Local Court. Reckless wounding is an extremely serious criminal offence and if you are charged with this offence you should contact our office immediately.
You can read about all the sentencing options that a court has, including having no conviction recorded for Reckless wounding.
Do I need references?
We believe references are an extremely important part of a plea of guilty in court. To find out more about how to write a good reference, click here.
Why choose Australian Criminal Law Group?
Our criminal lawyers are experts at obtaining the best outcome possible for Reckless wounding offences. For these offences, a good lawyer can be the difference between a conviction and no criminal record and freedom or jail. To read more about Australian Criminal Law Group, click here.
To discuss your charge of Reckless wounding, call Australian Criminal Law Group at our Sydney, Parramatta, and Blacktown offices or make a website inquiry today.
Australian Criminal Law Group represented a client who allegedly stabbed a woman at a party. The stabbing was allegedly seen by three different people. Under cross examination they all gave different versions and described a different weapon. It was found that none of the witnesses’ evidence could be considered reliable and in circumstances where there was a complete denial of culpability. He had to find our client not guilty.
Australian Criminal Law Group represented a person charged with Inflicting grievous bodily harm to person with intent to cause grievous bodily harm after she stabbed her boyfriend. Criminal lawyer Joe Correy negotiated with the Director of Public Prosecutions for the charge to be withdrawn and replaced with the offence of Reckless wounding. He also argued for the matter to be dealt with in the Local Court. The facts were changed to reflect that the defendant was assaulted prior to the stabbing. The knife made contact with the victim recklessly but to such a degree that the Magistrate observed it sounded like an accident. In the end the client went from facing a jail sentence if found guilty to having no conviction recorded by the Magistrate.
Australian Criminal law Group represented a man charged with two counts of Wounding with intent to cause grievous bodily harm and one count of assault occasioning actual bodily harm. He had stabbed 3 people in a park following being assaulted himself at a train station. After getting him bail in the Supreme Court, we negotiated pleas of guilty to charges of reckless wounding instead of Wounding with intent to cause grievous bodily harm. He was sentenced in the Local Court and the Magistrate gave him an Intensive Correction order and did not send him to jail.
Australian Criminal Law Group represented a young man charged with Wounding with intent to cause grievous bodily harm. He had stabbed his stepfather in the neck with a pair of scissors. Criminal lawyer Joe Correy argued that the act was impulsive, in response to a domestic argument and that the young man had not intended to seriously harm his stepfather. The police accepted a reckless wounding charge and our client received a good behaviour bond.