Defending Your Right to Self-Defence: Reckless wounding with intent to cause grievous bodily harm
May* had lived with the complainant, who subjected May to constant abuse, harassment and intimidation. Due to this, May moved out of the house due to the complainant’s aggressive behaviour. Despite moving out, the complainant continued to threaten May and his family, and refused to return May’s belongings.
On the day of the incident, May returned to the house to retrieve his possessions. May took several precautionary measures, including bringing a friend with him and arming himself with a small serrated knife.
When May entered the house, the complainant demanded money from them. Upon refusal, the complainant grabbed May by the neck and threw them onto a couch. During the struggle, May ended up on top of the complainant, trying to make them stop their attack, but to no avail. Eventually, May had to pull out their knife and stab the complainant in the leg as a self-defence measure.
Afterwards, May attempted to provide medical help to the injured complainant. The complainant, however, left the scene in a rage and returned with a bayonet, continuing to threaten May. Fearing for their safety, May called for ambulance and the police. The complainant was eventually taken to the hospital, and May disclosed to the police during the interview that they had used the knife in self-defence.
May was charged with:
- Wounding with intent to cause grievous bodily harm, Section 33 Crimes Act 1900
- reckless wounding, Section 35 Crimes Act 1900
Our lawyers represented May in a two-week jury trial and assisted with running the defence of self-defence. The jury saw the situation from May’s perspective and ultimately found them not guilty of the charges of wounding with intent and the alternative charge of reckless wounding. May was duly acquitted.
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This case showcases the importance of having an experienced team to protect your rights and interests in the face of harassment and intimidation.
If you or a loved one is facing charges like May, don’t hesitate to contact our team of experienced defence lawyers. Speak with one of our experienced lawyer to provide you with advice on your legal options. Call us on (02) 9261 4281 today.