Reckless wounding is a serious assault offence under section 35(2) of the Crimes Act 1900 (NSW). Police frequently lay this charge when a cut or laceration is present — even where the injury was accidental, caused by an object rather than a person, or described inconsistently across statements.
If you have been charged with reckless wounding, or told police want to interview you about an incident involving an injury, you should get legal advice early. The way police frame the allegation at the outset can significantly affect whether the matter is downgraded, withdrawn, or proceeds to a defended hearing.
At Lenz Legal we act only for the accused. You are presumed innocent unless and until the prosecution proves the charge beyond reasonable doubt.
Under section 35(2), a person commits reckless wounding if they:
A wound must involve a break in both layers of the skin. A superficial graze, scratch, or redness does not meet the legal threshold.
Recklessness requires proof that you were aware your actions could cause a wound and proceeded despite the risk.
This offence is more serious than Assault Occasioning Actual Bodily Harm but less serious than [Reckless Grievous Bodily Harm] or [Wounding or GBH With Intent (S33)].
Reckless wounding allegations commonly arise in situations such as:
Example 1
During an argument, a person pushes past their partner. The partner falls and hits a broken tile, causing a cut. Police charge reckless wounding despite footage showing no deliberate application of force.
Example 2
Two people wrestle over a phone. A ring or watch catches the skin and causes a laceration. Police treat the injury as intentional or reckless and lay the charge.
Example 3
A glass breaks during an argument and someone is cut while trying to move past. Police rely on the presence of a wound rather than carefully analysing the mechanism of injury.
What Police Must Prove
To secure a conviction, the prosecution must prove every element beyond reasonable doubt.
A wound must involve a break in both layers of the skin. Surface-level marks are not sufficient.
Police must prove the wound resulted from your conduct, not from an object, fall, or accidental movement.
The prosecution must show you were aware your actions could cause a wound and proceeded despite the risk. Police often overstate this element.
Police must prove you were the person responsible. In chaotic or fast-moving situations, this can be unclear or disputed.
Self-defence, accidental contact, or reflexive movements may negate liability.
If any element is not proven, you must be found not guilty.
Reckless wounding briefs often rely on multiple sources of evidence, each with limitations.
A core part of our role is examining these weaknesses and determining whether the injury legally qualifies as a wound.
Possible defences include:
If the wound occurred unintentionally or through incidental contact, the offence may not be made out.
If the injury does not involve a break in both layers of the skin, the charge cannot succeed.
You may have acted to protect yourself or another person.
If you were not aware your conduct could cause a wound, the recklessness element fails.
Where the allegation is denied or the evidence is inconsistent with the police summary.
Negotiation may result in a downgrade to [Assault Occasioning Actual Bodily Harm] or [Common Assault], particularly where:
Under section 35(2), the maximum penalty is 7 years imprisonment.
Depending on the circumstances, outcomes may include:
For comparisons, see Assault Occasioning Actual Bodily Harm and [Wounding or GBH With Intent (S33)].
Early advice can:
When you contact Lenz Legal, you will:
Assault Occasioning Actual Bodily Harm
[Reckless Grievous Bodily Harm]
[Wounding or GBH With Intent (S33)]
[Common Assault]
[Affray]
[Violent Disorder]
[Assault Police]
[Resist or Hinder Police]
[Assaults & Violent Offences Parent Page]
A wound requires a break in both layers of the skin — the outer layer (epidermis) and the deeper layer underneath (dermis). This usually means a cut, split, puncture or laceration where the skin has opened. Surface marks such as redness, swelling, scratches or grazes do not meet the legal definition of a wound, even if they look dramatic or are painful.
Courts require evidence that the skin was actually broken in depth. Without this, the charge of reckless wounding cannot be proven
Police must show that both layers of the skin were broken. This normally requires:
If police rely only on redness, swelling, or a vague statement, the legal test for a wound may not be met.
Medical evidence is not strictly required, but it is often crucial. Without a doctor confirming that both layers of the skin were broken, prosecutors may struggle to prove a wound beyond reasonable doubt.
Cases often fall apart where:
The absence of medical evidence can be a strong basis for disputing the charge or seeking a downgrade to [Assault Occasioning Actual Bodily Harm] or [Common Assault].
No. The prosecution may rely on recklessness — you were aware your actions could cause a wound and proceeded despite the risk.
The maximum penalty is 7 years imprisonment.
Yes. Many matters are downgraded to [Assault Occasioning Actual Bodily Harm] or [Common Assault] where the mechanism of injury is uncertain or medically unverified.
Accidental mechanisms may undermine the allegation of recklessness or causation.
A conviction may impact employment, licensing, background checks and travel.
Get legal advice before speaking to police or attending court. Early advice can significantly influence the outcome. Contact Lenz Legal for a confidential discussion about your case.
We provide expert advice and representation fearlessly protecting the rights and liberty of our clients whether charged with serious indictable offences, summary offences or driving offences. Call us now to see just what is possible.
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