What Should You Do if You Are Charged with Unlawful Wounding
If you or someone you know has been charged with unlawful wounding in Queensland, you need to act quickly.
Expert legal representation is essential for you to understand the complexities of criminal law in Queensland and to protect your rights and freedom.
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.
Penalty for Unlawful Wounding in QLD
In Queensland, unlawful wounding is a serious offence with significant penalties.
Maximum penalty: Up to 7 years imprisonment.
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.
Aggravated Unlawful Wounding
The offence becomes aggravated if it occurs in a public place and the offender is intoxicated.
In such cases, the court is required to impose a community service order in addition to any other penalties.
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
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.
Defences to Unlawful Wounding
A successful defence can make the difference between a conviction and an acquittal.
Here are the most common defences for unlawful wounding:
Self-defence – You believed it was necessary to use force to protect yourself or another person.
Duress – You acted under threat of serious harm if you did not commit the act.
Mental impairment – A mental condition prevented you from understanding or controlling your actions.
Unwilled act – The wounding was accidental or unintended.
Immature age – Children under 10 years cannot be charged with an offence, and those aged 10-14 can only be found guilty if the prosecution proves they understood their actions were wrong.
What is Unlawful Wounding?
Unlawful wounding occurs when both layers of the skin (epidermis and dermis) are broken without lawful excuse.
Importantly, a weapon is not required for this offence. Injuries resulting from punches, glassing, or other physical acts can still qualify as unlawful wounding.
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?
Unlawful wounding cases are handled in the Queensland District Court.
This is because the offence is indictable, meaning it is considered serious enough to require a higher level of judicial oversight.
Comparison with NSW
In New South Wales, the same offence can initially be heard in a Local Court unless the prosecution chooses to escalate it.
The Local Court’s maximum penalty is 2 years imprisonment, but the District Court can impose up to 7 years.
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
Early guilty pleas can result in a reduced sentence by showing remorse and cooperation.
Courts consider the circumstances of the offence, severity of the injury, and any mitigating factors like good character references.
Pleading Not Guilty
A not guilty plea leads to a trial, where your lawyer can challenge the evidence or argue defences such as self-defence or duress.
Example: In R v Jones [2008] QCA 181, a glassing incident resulted in facial scarring. The sentencing judge initially viewed the injury as requiring a harsher penalty, but the Court of Appeal reduced the sentence after reviewing the severity of the scarring.
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.