Wounding

In the ACT, it is a criminal offence to intentionally wound another person. It carries a maximum penalty of 5 years imprisonment and, if the offence involves family violence or is against a pregnant woman, the maximum penalty is increased to 7 years imprisonment. 

What is Wounding?

Pursuant to section 21 of the Crimes Act 1900 (ACT) it is an offence to intentionally wound another person. Wounding a person involves the breaking or cutting of both the interior and exterior layer of a person’s skin. 

The following acts constitute wounding:

• Punching a person in the face resulting in their tooth going through their lip; or 
• Cutting a person with scissors and causing a deep cut. 

What Must Be Proven?

For a person to be found guilty of wounding the Prosecution must prove each of the following matters beyond a reasonable doubt:

• You were the person who committed an act against another person;
• That you intended to wound the other person; and 
• The injury sustained by the other person caused a wound.  

If the Prosecution does not prove every single one of the above elements, you will be found not guilty. 

Which Court Will Hear My Matter?

As this offence is an Indictable offence, it means that it will be dealt with in the Supreme Court unless you provide consent to jurisdiction. If you provide consent, this means that your matter will be dealt with in the Magistrates Court. 

Possible Defences For Reckless Wounding

The following defences may be available for a Wounding charge:

• The injury sustained by the person does not satisfy the legal definition of wounding;
• You did not intend to wound the other person; or 
• The act causing the wound was carried out in self-defence. 

Common Questions about Wounding?

Will I receive a criminal conviction?

A conviction and criminal record for this offence is very likely. 

In the ACT, a Court can impose any of the following penalties for a stalking charge:

• Full-time imprisonment;
• Intensive Corrections Order (ICO)
• Suspended Sentence 
• Community Service Order
• Good Behaviour Order
• Fine
• Non-conviction order (with or without conviction) 

The consequences of a conviction can be serious depending upon what you do for a living. Some jobs require you to have no criminal convictions and a conviction for affray might jeopardise your job or make it difficult to obtain visas for overseas travel. Moreover a conviction for an offence of violence can completely rule out certain career paths, such as teaching, and a range of government employment options. Violent offences may also result in sentences that include imprisonment even where an individual has no previous convictions. 

Will I go to Gaol for a Wounding charge?

If you are found guilty of a Wounding charge, you may be sentenced to a term of full-time imprisonment. It depends on a range of facts, including your criminal history, the nature and circumstances of the offence, your subjective circumstances, among other things. 

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.