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This article was prepared by Go To Court Lawyers, Australia's largest legal service. For legal advice specific to your situation, call 1300 636 846.
In WA, unlawful wounding is one of a number of offences that involve causing harm to a person. The offence is set out in section 301 of the Criminal Code Act Compilation Act 1913.
Penalty for unlawful wounding in WA
The maximum penalty for unlawful wounding in WA is five years imprisonment, or seven years imprisonment if the offence is aggravated.
What is the offence of unlawful wounding?
Unlawful wounding is committed when a person inflicts an injury on another person that involves breaking the other person’s skin. Both layers of the skin must be broken, not just the outer layer. The injury does not have to be long-lasting or severe and no weapon need be used. Wounding offences often involve ‘glassing’ incidents, or the use of a knife.
Which court will the matter be heard in?
Unlawful wounding matters are ‘either-way’ offences, which means they can be dealt with in the Magistrates Court or in the District Court. These matters are dealt with summarily (by a magistrate) unless one of the parties applied to have the matter dealt with on indictment in the District Court.
Should I plead guilty?
If you have been charged with unlawful wounding, you should review the allegations carefully with a lawyer. Your lawyer will assess the strength of the case against you, whether you have a legal defence and what the likely penalty range is given your circumstances and criminal history.
If the case against you is strong, it may be advisable to plead guilty at an early opportunity.
Contesting a charge of unlawful wounding
If you decide to plead not guilty, your matter will be adjourned for the prosecution to serve the brief of evidence. This is a summary of all the evidence that the prosecution intends to rely on. If you still plan to contest the charge after reviewing the brief of evidence, your matter will be listed for a contested hearing. On that day, the court will hear evidence and submissions from both parties and then decide whether you have been proven guilty.
If you are found guilty, you will be sentenced. This may occur on the same day, or on a later date. If you are found not guilty, the matter will be dismissed.
Defences to unlawful wounding
A person charged with unlawful wounding in WA may have a legal defence available to them.
The defence of self-defence
Under section 248 of the Criminal Code Act Compilation Act 1913, a person is not guilty of an offence if they do a harmful act because they believe it is necessary to defend themselves or another person AND the act is a reasonable response in the circumstances as the accused person perceives them.
The defence of duress
Under section 32 of the Criminal Code Act Compilation Act 1913, a person is not guilty of an act done under duress. A person does an act under duress if they believe it is necessary to avoid a threat being carried out, and the act is a reasonable response to the threat in the circumstances.
The defence of insanity
Under section 27 of the Criminal Code Act Compilation Act 1913, a person is not guilty of an offence if at the time they committed the act, they were so mentally impaired that they did not have the capacity to understand what they were doing, control their actions, or know that they ought not to do the act.
The defence of immature age
Under section 29 of the Criminal Code Act Compilation Act 1913, a person under ten cannot be found guilty of a criminal offence in WA. A person between the ages of 10 and 14 can be found guilty of an offence only if it is proved that they had the capacity to know that they ought not to do the act.
Applying for bail in Western Australia
If you have been charged with unlawful wounding and remanded, Go To Court Lawyers can help you to apply for bail. Under the Bail Act 1982, a court will decide whether to release an accused person on bail base on a range of factor including whether the person is likely to:
- Fail to attend court
- Commit an offence
- Endanger a person
- Obstruct the course of justice or interfere with witnesses.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
faqs: - question: 'What exactly constitutes a wound in unlawful wounding charges in WA?' answer: 'A wound requires breaking both layers of skin, not just the outer layer. The injury doesn''t need to be severe or long-lasting, and no weapon is required. Common examples include glassing incidents or knife wounds. Any break through both skin layers that occurs unlawfully can constitute wounding, regardless of the method used or the extent of permanent damage caused.' - question: 'Can unlawful wounding charges in WA be upgraded to more serious offences?' answer: 'Yes, unlawful wounding can become aggravated unlawful wounding, which carries a maximum penalty of seven years imprisonment instead of five years. The charge may also be elevated to grievous bodily harm or other serious assault charges depending on the circumstances, injuries sustained, and whether weapons were involved in the incident.' - question: 'How much does it cost to get legal advice for unlawful wounding charges?' answer: 'Go To Court Lawyers offers a fixed consultation fee of $295 to discuss your unlawful wounding charges. During this consultation, a lawyer will assess the strength of the prosecution case, review potential defences, and advise on likely penalties. This initial investment can be crucial in determining your best legal strategy moving forward.' - question: 'How can a criminal lawyer help with my unlawful wounding case in WA?' answer: 'A criminal lawyer can assess the prosecution''s evidence strength, identify available legal defences, and advise on plea options. They can negotiate with prosecutors, represent you in either Magistrates or District Court, prepare your case for trial if contesting charges, and present mitigation arguments during sentencing to achieve the best possible outcome.' - question: 'Are there time limits for responding to unlawful wounding charges in WA?' answer: 'Yes, you must enter a plea at your first court appearance or seek an adjournment. If pleading not guilty, strict deadlines apply for reviewing the brief of evidence and preparing your defence. It''s crucial to engage a lawyer immediately upon being charged to ensure all procedural requirements and deadlines are met properly.' ---