Reckless grievous bodily harm or wounding

Offence title:

Reckless grievous bodily harm or wounding

Act:

35 Crimes Act (NSW)

Offence:

(1)   Reckless grievous bodily harm—in company. A person who, in the company of another or others –

(a)   causes grievous bodily harm to anyone, and

(b)   is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

(2)   Reckless grievous bodily harm. A person who –

(a)   causes grievous bodily harm to anyone, and

(b)   is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

(3)   Reckless wounding—in company. A person who, in the company of another or others –

(a)   Wounds any person, and

(b)   is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

(4)   Reckless wounding. A person who –

(a)   Wounds any person, and

(b)   is reckless as to causing actual bodily harm to that or any other person,

is guilty of an offence.

Penalty:

(1)   Imprisonment for 14 years

(2)   Imprisonment for 10 years

(3)   Imprisonment for 10 years

(4)   Imprisonment for 7 years

Summary/Indictable/mixed:

Mixed

Jurisdiction:

Local, District or Supreme Court

How committed:

Recklessness, in plain terms, refers to turning the mind to the potential of something occurring but ignoring the risk. The offences in this subsection can be committed by one or multiple offenders.

Wounding refers to the breaking of skin (dermis and epidermis) so that blood flows.

Important note:

If the jury is not satisfied a person is guilty of an offence charged under a subsection, they may, if satisfied, find them guilty of another subsection, but only if that carries a lesser penalty.