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Have you been charged with unlawful wounding? It is vital for you to understand that this offence is significant and carries a punishment of up to five years in jail. If the offence is aggravated, the maximum jail sentence is seven years.
The Criminal Code Act Compilation Act 19132, Section 301, provides details about Unlawful wounding in Western Australia, which is characterised by an act (with or without a weapon) that causes harm by breaking both layers of the victim’s skin without a lawful purpose. The act of unlawful wounding can be carried out by causing burns, cutting, or stabbing. However, the use of a weapon is not a prerequisite to carry out the crime of unlawful wounding.
Definition of Wounding
Section 301(1) of the Code defines ‘wounding’ as an act that breaks two layers of the victim’s skin. It is unlawful if there is no legal justification for the act.
Definition of Unlawful Wounding
According to Section 301(1) of the Code, any person who unlawfully wounds another is guilty of a crime. A crime is considered to be ‘unlawful’ if the action of breaking two layers of the victim’s skin cannot be legally justified.
What is the maximum penalty for unlawful wounding in WA?
Penalty for unlawful wounding: The penalty for unlawful wounding can vary based on the particulars of the case. Fines can be issued, sentences suspended, or jail time can be ordered, depending on the Court’s decision.
Maximum Penalty for unlawful wounding: The maximum penalty for unlawful wounding is five years imprisonment
Aggravated Charges: can receive a maximum sentence of seven years imprisonment.
Defences for Unlawful Wounding
There are several defences that apply to unlawful wounding charges. These are explained in the Criminal Code Act Compilation Act 1913.
- Defence of Duress– Section 32 of the Code- A person who commits an act while believing this response is necessary to prevent harm to themselves is acting under duress and not guilty.
- Defence of Self-Defence– Section 248 of the Code- A person who commits an act that they believe to be reasonable to protect themselves or others acts in self-defence and is not guilty.
- Defence of Insanity– Section 27 of the Code- If a person is mentally impaired to the point that they are unable to control their actions or have the mental capacity to know they should not commit the act, they cannot be found guilty
What does the prosecution need to prove for unlawful wounding?
For a person to be convicted of unlawful wounding, the prosecution must prove the act that was committed is not excused, authorised or justified according to Western Australian law.
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FAQs About Unlawful Wounding
Are there any defences to unlawful wounding?
The Criminal Code Act Compilation Act 1913 provides several possible defences to unlawful wounding, including,
- Defence of Duress (Section 32): If someone commits an act believing it is necessary to prevent harm to themselves, they are acting under duress and are not guilty.
- Defence of Self-Defence (Section 248): If a person commits an act they believe is reasonable to protect themselves or others, they act in self-defence and are not guilty.
- Defence of Insanity (Section 27): If a person is mentally impaired to the extent that they cannot control their actions or understand the wrongfulness of their actions, they cannot be found guilty.
Does unlawful wounding overlap with grievous bodily harm?
The offence of grievous bodily harm can overlap with unlawful wounding. In such a case, the prosecutor will determine the most appropriate charge.
What is the jurisdiction for unlawful wounding in WA?
Unlawful wounding can be heard on indictment in the District Court or summarily in the Magistrates Court.
Can unlawful wounding lead to imprisonment?
Western Australian law permits imprisonment for a maximum of five years for unlawful wounding. If the offence is aggravated, the maximum term is seven years.
What is an example of unlawful wounding?
The term unlawful wounding refers to the breaking of two layers of the victim’s skin and can range from scratches to stabbing or gunshot wounds. An example of a case involving unlawful wounding,
Chowdury v Kenny 1x Unlawful wounding s 301 Criminal Code
The parties were housemates when the unlawful wounding took place. The victim had not paid rent for three months and ran up excessively high bills with no means to pay. The pair had a heated argument about money.
The appellant used a 20cm kitchen knife to stab the victim in the shoulder and the face. The injuries required surgery at Royal Perth Hospital.
The offence was sudden and spontaneous, and the offender was cooperative and remorseful. The offender received a 12-month sentence of Intensive Supervision Order.
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