March 8, 2019

DC – Client has ICO Report considered ‘suitable’ after assault charges

Keywords: Reckless grievous bodily harm or wounding – section 35 Crimes Act 1900 (NSW), Intensive Corrections Orders – section 7(1) Crimes (Sentencing Procedure) Act 1900.

Facts:

DC was charged with reckless wounding causing Actual Bodily Harm and not guilty to Wound with intent to cause grievous bodily harm after an altercation with a housemate. A scuffle ensued after DC grabbed a knife, which resulted in two wounds to the complainant’s back. DC stopped the physical contact after he noticed blood on the complainant and helped the complainant wipe the blood from his body.

Outcome:

DC pleaded guilty at trial to reckless wounding causing Actual Bodily Harm and not guilty to Wound with intent to cause grievous bodily harm. The jury returned a verdict of not guilty to wound with intent. However, the DC was sentenced in respect of reckless wounding, which carries a maximum sentence of 7 years imprisonment with a standard non-parole period of 3 years. With O’Brien Criminal and Civil Solicitors representing DC, the District Court considered the Intensive Correction Order (ICO) Report, which came back as suitable. Ultimately, DC was ordered to serve a two-year sentence by way of ICO.