Key Words: Wounding in company, reckless as to causing actual bodily harm, Section 35(3)(b) Crimes Act 1900 – plea of guilty – suspended sentence
CYL was charged with reckless wounding in company, as a result of an altercation that he, his brother and his mother had with the complainant. CYL’s brother was dating the ex-girlfriend of the complainant, a fact which caused intense animosity between CYL’s family and the complainant. On the day of the incident CYL’s family turned up to the complainant’s house and started an altercation with him. During the altercation, the complainant suffered lacerations and stab wounds.
CYL plead guilty to the charge of reckless wounding in company. During sentencing, the judge took into account the fact that the Crown was not able to prove beyond reasonable doubt precisely how or by whom the wounds were inflicted. Following the sentencing hearing, CYL was sentenced to a suspended 15 month jail sentence.