What to Do if you are Charged with Unlawful Wounding
Facing a charge of unlawful wounding in New South Wales can be overwhelming, whether it’s you or someone you care about.
The first and most important step is to stay calm and seek legal help as soon as possible. Contacting a criminal lawyer with experience in these matters is crucial.
Early legal advice can help avoid mistakes that may negatively impact the case. It’s important to avoid discussing the details of the incident with police or anyone else without a lawyer present to ensure your words are not misinterpreted.
Understanding your rights is also key. You have the right to remain silent during police questioning and the right to apply for bail if you are taken into custody.
Contact Michael McMillan immediately on (07) 5619 6860 or 0409 273 430 to discuss your legal matter.
Immediate Steps to Take:
- Consult a lawyer to review the police summary of facts and assess the strength of the case against you.
- Consider your plea options carefully. Your lawyer will help you decide whether to plead guilty or not guilty based on the evidence and any possible defences.
- Prepare for court appearances by gathering relevant documents, such as character references, to support your case.
Penalties (NSW) for Unlawful Wounding
In New South Wales, unlawful wounding is a serious offence with significant penalties.
The penalties for unlawful wounding depend on whether the offence was committed recklessly or with intent.
Reckless wounding, covered under Section 35 of the Crimes Act 1900, carries a maximum penalty of 7 years imprisonment. Aggravated versions of the offence, such as those committed with others, may attract longer sentences.
Intentional wounding, outlined in Section 33, involves a deliberate act to cause serious harm. This offence carries a maximum penalty of 25 years imprisonment, with a non-parole period of seven years in severe cases.
Judges consider the intent, the nature of the injury, and the circumstances surrounding the offence when determining the appropriate sentence. Sentences may vary based on factors such as:
- The severity of the injury and whether it involves disfigurement.
- Criminal history of the accused.
- Mitigating factors, such as a guilty plea or evidence of remorse.
Can You Apply for Bail?
If you have been charged with unlawful wounding, applying for bail is often the next step to avoid detention before your trial.
Bail Conditions
Bail applications for wounding offences are subject to the Bail Act 2013. If the accused has prior convictions for violent offences, they may need to show cause why bail should be granted. If granted, the bail conditions are generally determined by the Local Court or District Court, depending on where the case is being heard.
The court will assess several factors when deciding whether to grant bail:
- Likelihood of reoffending while on bail.
- Risk of absconding or failing to appear at future court dates.
- Safety of the victim or concerns about interference with witnesses.
- Strength of the case presented by the prosecution.
A lawyer can assist with submitting a strong bail application, helping you avoid unnecessary detention while your case is pending.
Legal Defences to Unlawful Wounding
Several legal defences may be available if you are charged with unlawful wounding.
One of the most common is self-defence.
Under Section 418 of the Crimes Act 1900, if your actions were a reasonable response to an immediate threat, you may not be held criminally liable.
For example, if you acted to protect yourself or another person from harm, the court may consider it a valid defence.
Intoxication can also play a role in certain cases, though it is not a complete defence.
Under Section 428C of the Crimes Act 1900, if you were heavily intoxicated at the time of the incident, the court may take this into account when determining your intent.
However, this defence is only valid if your intent was impaired after becoming intoxicated, not if you planned the act beforehand.
Mental impairment is another potential defence.
If you were suffering from a mental illness or impairment that prevented you from understanding the nature of your actions, you may not be held criminally responsible.
Additionally, the age of the accused is relevant—offenders under the age of 14 can only be found guilty if the prosecution proves they understood the seriousness of their actions.
What is Unlawful Wounding in NSW?
Unlawful wounding involves breaking both layers of the skin, known as the “true skin,” which includes the epidermis and dermis. It is important to note that a weapon is not required for an injury to qualify as wounding.
As demonstrated in the case of R v Shepherd [2003] NSWCCA 351, a punch that causes a split lip can meet the legal threshold for wounding.
The severity of the injury is also a key factor. If the injury involves permanent scarring or disfigurement, it may escalate to grievous bodily harm (GBH), which carries more severe penalties.
Case Example
In the NSW case R v Shepherd [2003] NSWCCA 351, a split lip from a punch was ruled to meet the legal definition of wounding. This shows that even seemingly minor injuries can carry serious legal consequences.
In Queensland, the extent and seriousness of the injury are crucial factors. In cases where disfigurement is involved, the charge could be escalated to grievous bodily harm (GBH), which carries more severe penalties.
Jurisdiction – Where Will the Case Be Heard?
Local Court
- Handles less serious criminal matters and some indictable offences.
- Can hear wounding cases unless the prosecution decides to move it to the District Court.
- Maximum penalty: 2 years imprisonment, but higher sentences can be reduced to fit the 2-year limit.
- Full evidence brief may not be provided unless a not guilty plea is entered.
District Court
- Deals with more serious offences, including reckless and intentional wounding.
- Maximum penalties: 7 years imprisonment (reckless wounding) and 25 years (intentional wounding).
Supreme Court
Hears appeals or complex cases, though most wounding cases are resolved in the District Court.
Children’s Cour
If the accused is under 18 years old, the case is usually handled here, with a focus on rehabilitation.
Pleading Guilty or Not Guilty to Unlawful Wounding
Deciding whether to plead guilty or not guilty is a critical decision that requires careful consideration.
Pleading Guilty
If you decide to plead guilty, your lawyer will work to reduce the severity of the charges by negotiating the police facts. This ensures that the version of events the court uses for sentencing is accurate and fair.
Providing character references and evidence of rehabilitation, such as participation in counselling or anger management programs, can also help mitigate the sentence.
Pleading Not Guilty
On the other hand, if you choose to contest the charge, your lawyer will prepare a defence strategy.
They will focus on challenging the prosecution’s evidence and may present mitigating circumstances that reduce your responsibility or show that the offence was not as serious as initially alleged.
In any case, your lawyer’s expert guidance will be essential in determining the best course of action.
Impact of a Criminal Record
A conviction for unlawful wounding can have long-lasting consequences that extend beyond the immediate penalties.
In addition to serving a sentence, the offender will have a criminal record, which can create barriers in various aspects of life such as:
Impact on your Future Employment Prospects
Many employers require background checks as part of the hiring process, especially for jobs involving security, healthcare, or education.
A criminal record can lead to job application rejections or difficulty obtaining professional licenses required for certain careers.
In cases where the offence occurred in a public setting, this may raise concerns about the offender’s judgment and conduct in workplaces.
Impact on future Travel and Immigration
International travel can be restricted, as many countries, such as the United States and Canada, deny entry to individuals with certain types of criminal convictions.
A criminal record may also complicate applications for work or study visas, impacting opportunities to live or work abroad.
Social and Personal Consequences
A conviction can strain personal relationships and lead to social stigma.
Offenders may struggle to rebuild their lives due to loss of reputation within their community.
Some housing providers or landlords may refuse tenancy to individuals with a criminal record.
Potential Legal Restrictions
A criminal record can restrict the offender’s ability to obtain certain licences, such as security licenses or firearm permits.
Repeat offenders may face stricter bail conditions or longer sentences if charged with new offences in the future.
The long-term impact of a criminal record the importance of exploring every available legal defence and seeking legal advice early from ab experienced criminal lawyer.
In some cases, a lawyer may also be able to help the offender avoid a conviction being recorded, particularly if the court is persuaded that the offender deserves a second chance.
Have you been charged? Michael McMillan can help
Being charged with unlawful wounding is a serious matter that requires swift and effective legal action.
The potential penalties are severe, but with the right legal representation, it may be possible to reduce the sentence or secure an acquittal.
As an experienced criminal defense lawyer, Michael McMillan will guide you through bail applications, plea decisions, and defence strategies, helping you achieve the best possible outcome.
Contact Michael immediately on (07) 5619 6860 or 0409 273 430. Alternatively, you can send an enquiry online to discuss your criminal matter.