Unlawful Wounding

In many Australian states and territories, there is a criminal offence known as unlawful wounding. Other jurisdictions do not have a specific offence of unlawful wounding, and wounding offences are covered by other, more broadly defined offences in those state and territories. This page outlines the laws surrounding wounding offences across Australia.

What is unlawful wounding?

Unlawful wounding in an offence that is committed when a person breaks both layers of another person’s skin without a lawful excuse. Breaking just the outer layer of a person’s skin does not amount to wounding.

The offence does not have to be committed under circumstances that amount to an assault and it does not require the use of a weapon. The injury may consist of a cut or stab. It does not have to be severe or long-lasting.

Jurisdiction

Unlawful wounding offences are indictable offences that may be dealt with summarily. This means that a wounding charge may be finalised in the Magistrates Court or in the District Court (or Supreme Court, in the case of Tasmania).

Unlawful wounding in Queensland

In Queensland, the offence of unlawful wounding is contained in section 323 of the Criminal code 1899. It carries a maximum penalty of seven years imprisonment.

If the offence is committed in the public place while the offender is intoxicated, the court must impose a community service order regardless of whether it also imposes other sentencing orders.

Unlawful wounding in New South Wales

In New South Wales, a person can be charged with wounding with intent to cause grievous bodily harm or with reckless wounding. Wounding with intent is governed by section 33 of the Crimes Act 1900 and carries a maximum penalty of 25 years imprisonment. Reckless wounding is governed by section 35 of the Crimes Act 1900 and carries a maximum penalty of seven years imprisonment.

Unlawful wounding in Western Australia

In WA, a person can be charged with unlawful wounding under section 301 of the Criminal Code Compilation Act 1913. It is punishable by up to five years imprisonment, or up to seven years if the offence is aggravated.

Unlawful wounding in the ACT

In the ACT, the offence of wounding is contained in section 21 of the Crimes Act 1900. It carries a maximum penalty of five years imprisonment, or seven years if the offence is aggravated.

Unlawful wounding in Victoria

Victoria does not have a specific offence of wounding. Instead, a person who commits an offence that would be charged as wounding in other states may be charged with intentionally or recklessly causing injury under section 18 of the Crimes Act.

The offence of intentionally or recklessly causing injury is defined more broadly than the offence of wounding. It is not limited to injuries where the victim’s skin is broken. It includes substantial pain, unconsciousness and harm to mental health.

Unlawful wounding in Tasmania

Tasmania has a single offence of wounding or causing grievous bodily harm under section 172 of the Criminal Code. It carries a maximum penalty of 21 years imprisonment and is dealt with by the Supreme Court.

Unlawful wounding in South Australia

In South Australia, a person can be charged with wounding with intent to do grievous bodily harm or with malicious wounding.

Wounding with intent to do grievous bodily harm is an offence under section 21 of the Criminal Law Consolidation Act 1935 and carries a maximum penalty of imprisonment for life.

Malicious wounding is an offence under section 23 of the Criminal Law Consolidation Act 1935. It carries a maximum penalty of five years imprisonment, or eight years if the victim was aged under 12.

Unlawful wounding in the Northern Territory

The NT does not have a specific offence dealing with wounding. Instead a person may be charged with an assault offence such as aggravated assault where the victim suffers harm under section 188 of the Criminal Code Act 1983.

Contact Armstrong Legal for advice about unlawful wounding charges

If you have been charged with wounding and need to apply for bail, or want advice about pleading guilty or contesting the charge, contact Armstrong Legal to talk to one of our experienced and dedicated criminal lawyers.