Unlawful Wounding

The offence of unlawful wounding involves causing an injury that involves the victim’s skin being broken. This may be a stab wound, split lip or cut. It may be caused by a weapon or without one. The offence may be committed intentionally or recklessly and carries a term of imprisonment. This page outlines what to expect if you have been charged with unlawful wounding and the offences and penalties in different states and territories.  

Fighting a charge of unlawful wounding

A person will be found not guilty of unlawful wounding if:

  • It cannot be proved that they wounded the victim;
  • It cannot be proven that they intended or were reckless as to actual bodily harm.

A number of legal defence may be relied on when charged with unlawful wounding. These include self-defence, duress and mental impairment.  A person may also rely on a factual defence such as mistaken identity or an alibi.

Pleading guilty to reckless wounding

A person should plead guilty to unlawful wounding only if:

  • they are guilty of the offence;
  • the prosecution can prove it beyond a reasonable doubt; and
  • there is no legal defence available.

Prior to pleading guilty, you should review the police summary of facts carefully with your lawyer. If there are any statements they do not agree with, your lawyer will try to negotiate with the police to have the facts amended.

You should also consider gathering character references form people who know you well and are aware of the nature of the charges against you. Employers, colleagues, teachers and neighbours are suitable. A character reference must state that the writer knows about the charges.

If drugs or alcohol were a factor in your offending, you may want to consider taking steps to address these issues prior to finalising your matter. This may include completing rehabilitation programs or having one-on-one counselling.

If you require legal advice or representation in a legal matter, please contact Go To Court Lawyers. You can reach us 24 hours a day on 1300 636 846, contact us online or book a consultation with one of our experienced lawyers.