Pursuant to section 35(1) of the Crimes Act 1900 (NSW), it is an offence to recklessly cause grievous bodily harm or wounding to another person. The penalties for these offences vary:
- If reckless grievous bodily harm was caused in company with another person, the maximum penalty is 14 years imprisonment (section 35(1)). If the harm was not caused in company with another person, the maximum penalty is 10 years imprisonment (section 35(2)).
- If reckless wounding was caused in company with another person, the maximum penalty is 10 years (section 35(3)). If the wounding was not caused in company with another person, the maximum penalty is 7 years (section 35(4)).
To be found guilty, the prosecution must prove beyond reasonable doubt that:
- You inflicted grievous bodily harm or wounding on a person; and
- The act was done recklessly, meaning that that you did not give thought to the consequences of your actions.
If the prosecution fail to prove, beyond reasonable doubt, the above factors then you will not be found guilty of the offence.
However, if the above factors are proven beyond reasonable doubt, the charge can be defeated and you will be found not guilty if any of the following defences can be established:
- Duress
- Necessity
- Self-defence
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