Wounding

Section 323 of the Criminal Code (Qld) makes it an offence to ‘wound’ another person and creates the criminal offence of ‘Wounding’.  While categorised as a ‘misdemeanor’ under the Criminal Code, Wounding is a serious criminal offence which commonly attracts a sentence of imprisonment if the person charged is ultimately convicted of the offence, whether by their own plea of guilty, or after a trial. 

The maximum penalty for the offence of Wounding is 7 years’ imprisonment.

What is ‘Wounding’?

The law in Queensland dictates that to ‘wound’ a person, the Defendant must have done an act which caused a wound to the Complainant, and the wound must have pierced through not just the outer layer of skin and cuticle but also the ‘true skin’ (the dermis). 

The following acts constitute an offence of Wounding:

• ‘Glassing’ or ‘bottling’ a person and causing a deep laceration to their face or scalp from the broken glass
• Pushing a person to the ground, where they sustain a lacer

Aggravating circumstances

It is a circumstance of aggravation for the offence of Wounding if the wounding occurred in a  public place while the Defendant was adversely affected by an intoxicating substance.  In this scenario, the Penalties and Sentences Act (Qld) dictates that the sentencing Court must make a community service order as a part of the Defendant’s sentence if the Defendant is convicted of the offence, whether or not the Court also makes another sentencing order.  This means that a Defendant may be sentenced to both imprisonment and community service for this type of aggravated Wounding offence. 

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:

1.  The Defendant ‘wounded’ the Complainant
   • To prove this element, the Prosecution must provide expert medical evidence which proves the extent or depth of the wound caused. At law, to ‘wound’ a person, the Defendant must have done an act which caused a wound to the Complainant, and the wound caused must have pierced through not just the outer layer of skin and cuticle but also the ‘true skin’ (the dermis).

1. The wounding was ‘unlawful’
   • Or in other words, the act which caused the ‘wounding’ of the Complainant was not authorised, justified, or excused by law (or by the application of some lawful defence).

If the Prosecution is unable to prove each of the above elements of the offence, the Defendant should be found not guilty. 

Which Court Will Hear the Matter?

The offence of Wounding will commence in the Magistrates Court, however, due to the nature and seriousness of the offence, the charge cannot be finalised in the Magistrates Court. An offence of Wounding must go through a committal process and be finalised before a Judge in the District Court of Queensland.

Possible Defences

The following defences may be available for a Wounding charge:

Self defence against an unprovoked assault – Section 271 of Criminal Code (Qld)

This defence may apply when the Defendant is unlawfully assaulted first and has not provoked the assault. A person will not be liable for the offence of Wounding if:

• The act of wounding occurred while they were defending themselves against an unprovoked assault; and
• they used reasonable force (and no more force than was reasonable); and
• it was reasonably necessary for them defend themselves in the manner they did

Insanity – Section 27 of Criminal Code (Qld)

This defence will only apply if the evidence suggests the Defendant was, at the time of the act, in such a state of mental disease or natural mental infirmity as to deprive them of the capacity to:

• understand what they are doing, or 
• control their actions, or 
• know that they should not do the act.

Insanity, once raised, is a complete defence to the charge. If the evidence suggests a person was deprived of any of the 3 relevant capacities above, the law in Queensland says they should not be criminally responsible for their actions in perpetrating the offence, and the charge against the person will generally be dismissed in favour of an order being made under the Mental Health Act.

The excuse of Accident- Unintended Acts- Section 23 of Criminal Code (Qld) 

A Defendant may be able to raise the excuse of ‘Accident’ under section 23 of the Criminal Code (Qld if the act that caused the wounding occurred independently of the exercise of the Defendant’s will, or by an event that the Defendant did not intend or foresee as a possible consequence of their actions. To successfully raise the excuse, the court must be persuaded that an ordinary person in the same circumstances would not have reasonably foreseen that ‘wounding’ was a potential consequence of the person’s actions. 

Once the excuse of accident is raised in evidence, Prosecution must disprove the application of the excuse beyond a reasonable doubt for the Defendant to be convicted of the offence.

Common Questions

What sentence will I get for a Wounding charge?

The following is a list of potential sentences a Queensland Court can make (in order of seriousness, from least serious to most serious):

• Convict and not further punish
• Release upon entering into a recognisance, with no conviction recorded (also known as a Good Behaviour Bond)
• A monetary fine
• Probation 
• Community Service
• An Intensive Corrections Order
• Suspended Orders of Imprisonment
• Imprisonment 

Which of the above sentencing options the Court will prefer will largely depend on a number of matters, including but not limited to:

• Whether the act which caused the wounding was spontaneous or pre-meditated
• The extent and permanency of the injury caused to the Complainant 
• Whether a weapon was involved
• Whether the Defendant has any criminal history (particularly if their previous history has included offences of violence)
• Any co-operation by the Defendant with law enforcement
• Whether the Defendant has engaged in/ is engaging in rehabilitation to prevent offending like this in future

Will I go to jail?

In Queensland, if a person commits an offence of violence, the sentencing principle that ‘imprisonment is a sentence of last resort’ does not apply.  Accordingly, a person will often be at risk of actual imprisonment if convicted of a charge of Wounding, even if they have no previous criminal history.

Will I get a conviction for a Wounding charge?

There is also a high risk of a conviction being recorded.  In Queensland, any time the Court orders a term of imprisonment for an offence (even if the imprisonment is wholly suspended, or the person is granted immediate parole) the Court must record a conviction. This means the offence will appear on the person’s Court outcomes, and the person will have recorded criminal history. 

If you are contacted by Police and they want to talk to you about a charge of Wounding, or if you are charged with this offence or any other criminal matter, it’s important you receive good advice at the earliest opportunity and before speaking with Police or anyone else about the matter.   

Armstrong Legal provides expert legal advice and representation for offences of this nature. Contact Armstrong Legal now to arrange an obligation free consultation.