This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
s.35(a) Crimes Act 1900 (NSW): malicious wounding
s.35(b) Crimes Act 1900 (NSW): maliciously inflict GBH
Maximum penalty - 7 years
Note: On 14.12.2001 s.35(2) was added to create an offence of acting in company. As a result subsection (1) was added to s.35 - s.35(a) became s.35(1)(a) and s.35(b) became s.35(1)(b). No substantive change was made to these subsections.
Note: On 27.9.2007 this section was amended to read reckless wounding and reckless GBH. The maximum penalty for reckless GBH was increased to 10 years.
New tables have been commenced for offences dealt with under the newly recast section (ie offences committed subsequent to the amendments)
Attacked complainant after savagely bashed by C and friend. C suffered large laceration to lung and liver. Severe provocation.
Suffered psychological trauma as result of assault.
(+ 2m PSC)
(should have been full time custody)
De facto declined marriage proposal. Purchased three knives and placed in car. Picked up de facto from station and asked for a hug. During embrace stabbed complainant. Also tried to strangle her. Left her by roadside.
Remorseful. Attempted suicide. Good rehabilitation.
By time of appeal CSO completed.
MT 1y 10m
AT 5 1/2m
(50% discount for assistance)
Kicked friend in head as he intervened in violent argument between A and girlfriend. Severe permanent brain damage.
Intoxicated. Good rehabilitation.
Injuries inflicted on 4-5m old child over some weeks. Six fractures and injury to eye causing blindness.
History of depression and drug abuse. Never recovered from death of 4m daughter.
While drunk drove car into group of people at party. Serious injuries.
Alcohol problem. Post traumatic stress disorder. Brother handicapped, mother's health poor.
AT 1y 6m
Shook 2y old baby of de facto. Very serious, probably permanent injuries.
Medical condition. Much of sentence on protection.
on bond and CSO
AT 2y 6m
Went to 17y Complainant's house with two brothers. Believed C had informed to police on another brother. C held down, doused in petrol and set alight. Extensive burns and need for life long treatment. Later tried to bribe C to withdraw evidence.
Lack of contrition.
Roused neighbour at 2am one morning, stabbing him in abdomen – Retaliation for throwing of bottle of beer into A's driveway during children's party.
Not in good health.
Punched 3y son in stomach forcing him against wall and causing injury to bowel and spine. Life-threatening injuries.
Poked steel rod through window of car causing injury to eye of daughter's boyfriend. Eye had to be removed. Provocation. C involved in criminal activity.
(1996) 85 A Crim R 57
Attacked neighbour with tomahawk. A had been annoying complainant over period of months. Fractured skull. Self defence rejected.
Suffering from mental illness.
Driving altercation resulted in stabbing. Provocation. Genuine apprehension for safety because of earlier similar incident.
Strong subjective factors.
Three men attacked male stranger. Injuries could have been fatal. Unprovoked attack. Returned to check condition of Complainant.
Contrition, excellent prospects of rehabilitation. Not the main instigator.
Inadequate but Court exercised discretion.
Kicked mother's de facto husband in face. Trained in martial arts and boxing. Fractured skull.
Upset over breakdown of parent's marriage. Excellent subjectives.
high but in range
at trial attpt murder
MT 2y 6m
Minor, two assaults
MT 2y 3m
MT 1y 9m
Fight in backyard after drinking with Complainant – C kicked, beaten with water pipe and head forced into brick wall. Fractured skull and cheek.
Both had chronic alcohol problems.
(reduced for assistance)
sentence severe and towards top of the range
Complainant assaulted by three youths whose cars had been earlier pelted with eggs. C wrong person in wrong place. Kicked C twice in head, and jumped on face with both feet. Multiple fractures.
Intoxicated. Offered to give evidence against co-offender.
previous assaults on victim
on probation and recog
Beat de facto when she tried to leave him - hit numerous times around legs and arms as she protected head.
Ejected from club and altercation ensued - friend tried to restrain A and stabbed twice in chest. Lung collapsed.
Alcohol problems. Good prospects of rehabilitation.
MT 2y 8m
Drinking in park with group of people. Pulled apart fighting females by hair, then became aggressive. Pulled and grabbed Complainant by hair, pulled him to ground, kicked and stomped on head. Fractured jaw and zygoma.
Sexually assaulted by C when younger.
(cumulative to existing sentence)
MT 1y 6m
violence, including AR
on parole and bail
Altercation initiated by Complainant after A jumped queue at Methadone clinic. A approached C in car park to have it out. C stabbed in abdomen.
Addicted to heroin.
Complainant came to flat asking for light. Angry at being woken A took knife to door. C insulting and aggressive. C stabbed causing serious injury to eye.
Some attempts made at rehabilitation.
MT 1y 355d
AT 1y 10d
MT 3y 9m
AT 1y 3m
Attacked frail male in his bed. No motive. Intoxicated.
Struck female with glass after altercation on dance floor. Glass broke causing injury to eye and cheek.
Very atypical behaviour. Excellent record with navy. Prior to offence had been at sea 10 days, sleep deprived and influenced by hay fever medication. Excellent character.
2 x AOABH
2 x assault
 NSWCCA 76
Drive unreg MV
Drive unins MV
MT 2m 25d
After fight with complainant took a lift in same car. Repeatedly struck C on head with steel rod in car, causing fractures and lacerations. Both intoxicated
 NSWCCA 230
Assaulted motorist during argument about U-turn – Head butted and punched complainant then stabbed with small screwdriver
Genuine`` remorse – Delay – Care for mother
 NSWCCA 251
Total effective sentence:
 NSWCCA 254
Dysfunctional platonic relationship with complainant characterised by mutual violence – Serious alcohol problems – While intoxicated stabbed complainant in stomach
Psychological problems – Troubled background
 NSWCCA 428
AT 1y 9m
Created disturbance at public telephone. Started altercation with passer-by who asked him to desist and struck him on temple.
Voluntarily gave self up to police - drug and alcohol addiction.
(2000) 110 A Crim R 47
Viciously assaulted male significantly smaller in size. Attack continued after Complainant defenceless on ground. Permanent brain damage.
Youth and previous good character.
 NSWCCA 105
(Truly exceptional case)
Punched 17y female around face and stabbed her with keys causing injury to eye. Angered over Complainant's with husband.
Single mother with four children. Violent relationship with husband. Suffers depression and attempted suicide several occasions. Support of family. Apologised to C.
 NSWSC 420
Originally charged with murder. During drinking binge stabbed Complainant with broken glass. C killed by independent stab wounds suffered at hands on unknown assailant.
Aboriginal, low intelligence, matter could have been dealt with in L.Ct.
 NSWCCA 346
Acc. to s.35(b)
(+ 52d PSC)
 NSWCCA 451
Drove motor car at estranged de facto, deliberating swerving on to wrong side of road and increasing speed to 50 kph. Reckless and indifferent to consequences.
Good subjective features.
 NSWCCA 535
NPP 2y 6m
Attacked female flatmate with knife around head and neck. Resisted attempts of other flatmates to pull him of victim.
Out of character.
 NSWCCA 87
NPP 2y 10m
 NSWCCA 323
Stabbed teenage ex-boyfriend when he broke off relationship
Mother of 3 children. Self-sufficient. Victim of fraud resulting in loss of property and business.
Acquitted of stalking on appeal – appeal seeking to have no conviction recorded.
(2001) 126 A Crim R 188
Sentence inadequate but discretion exercised
Off duty police officer approached group of drunken males outside hotel - showed group his badge - scuffle developed and police officer kicked while on ground - serious injuries.
Neglected background - evidence of rehabilitation.
 NSWCCA 420
breach of ADVO
Assaulted estranged wife in driveway of her parents' house. Bashed head into ground, forced her against steel mesh fence and forced her inside, bashing her head against floor. Armed with knives.
Aboriginal - good work history - protective custody because worked as prison officer.
 NSWCCA 415
NPP 3y 9m
record involving minor violence
Involved in assault on off duty police officer by 10-12 men outside hotel. Officer fatally stabbed. Accessorial liability. Knew victim was a police officer and defenceless and aware knives had been used – S became involved after fatal stabbing when heard brother had been stabbed – E leading role in assault
 NSWCCA 482
NPP 2y 3m
Took 62y male with walking stick by throat and shook him – punched in face several times and taken in headlock – thrown to ground, causing back of head to strike kerb - Complainant lost sight in right eye and other injuries.
Voluntary surrender to the police.
 NSWSC 1084
(15% - but see facts)
NPP 1y 9m
Assisted co-offender in assault on male acquaintance - Kicked Complainant in head once - Helped put C in dumpster - C subsequently set alight by co-offender and died.
Aboriginal - deprived and traumatic childhood - alcoholic - assistance to authorities - protection - history of self harm and psychiatric disorder
Total discount – 35%
 NSWCCA 69
 NSWCCA 366
2 x possess prohibited drugs
Assaulted stranger outside hotel - Unprovoked - Karate kick to head - Serious consequences
Voluntarily surrendered next day - Genuine remorse - Evidence of rehabilitation - Lengthy delay
 NSWCCA 404
Attended home of ex-de facto with 4 others armed with machete seeking return of money owed by de facto - In subsequent struggle male seriously injured on elbow and co-offender cut on ear - Planned attack although wounding reckless
Difficult personal history resulting in early drug abuse - Less than average intelligence - Evidence of rehabilitation
 NSWCCA 415
Female complainant approached house of ex-husband calling out and intoxicated - Swung heavy object at C's face then chased and continued assault - Serious fractures to face
Violent and difficult childhood - Need for psychiatric counselling.
C Van Tran
H Van Tran
(2002) 134 A Crim R 577
 NSWCCA 32
During argument with de facto wife placed her in head lock and punched her in face - Caused broken cheek and eye socket - Took C to hospital
Upset by recent death of father - Genuine remorse - Conduct unusual
 NSWCCA 89
Mal damage to property
NPP 3y 4m
Assaulted Complainant outside hotel - elbowed in face - kicked while unconscious on ground several times - head butted glass window of shop - serious brain damage
Unfortunate and neglected childhood - sexually abused
 NSWCCA 181
NPP 2y 9m
With group of males punched male acquaintance to ground – stomped on face 6-7 times
Intoxicated – evidence of good character
 NSWCCA 322
Assaulted male in street - Deliberately and forcefully jumped on head more than twice – Caused serious impairment
Acquitted at trial of more serious offence – Offer to plea guilty rejected by Crown – entitled to some discount
Troublesome history of violence – Aboriginal – Intoxicated – Abuse of alcohol and drugs – No remorse
 NSWCCA 90
AA (technical ground only)
Cut throat of brother's girlfriend after argument with brother.
Discount for guilty plea not quantified but plea entered at earliest opportunity – see 
 NSWCCA 161
(20% on appeal)
Extensive and severe beating of 5y son of de facto – injuries to head and face, arms and body – AOABH involved kick to child's lower back – Not isolated incidents
Not worst case
 NSWCCA 187
NPP 1y 8m
Group assault on male complainant – Used heavy chain – C kicked, punched and head stomped – Serious injuries – Reaction to racial slur
Dysfunctional and abusive childhood – Psychological problems – Evidence of rehabilitation – Delay - Remorse
 NSWCCA 281
NPP 3y 5m
First offence resulted in very serious injuries, probably permanent – Totality – Few facts
Aboriginal – Very limited prospect for rehabilitation
 NSWCCA 24
NPP 1y 4m
 NSWCCA 14
NPP 1y 6m
Assault on step-father at family wedding over allegation he had sexually assaulted offender's sister when 9y – armed with mattock and axe but taken from him – punched V and then attacked with tree branch – skull fracture with bleeding and swelling to brain
Studying – marijuana – schizophrenia
 NSWCCA 35
 NSWCCA 107
NPP 1y 3m PD
Vietnamese went with friends to club to watch soccer – argument developed with rival Chinese group – chairs used – offender's group outnumbered, so went and got two cleavers and struck V – left scene
Good character and employment – no current drug problems – stable relationship – above average intelligence
 NSWCCA 272
During argument in hotel struck male stranger in face with glass – glass broke – element of provocation and self defence – did not consciously use glass
 NSWCCA 286
Facts unclear - poured hot water on partner's 6y son in bath, permanently scarring his legs – failure to get medical assistance – hot water not a weapon within s 21A(2)(c) – exercise discretion not to intervene
Average intelligence – finished high school and child care course – no drug issues
 NSWCCA 352
NPP 1y 4m 23d
During argument with male acquaintance on street punched complainant in face and stabbed in stomach with knife – voluntarily surrendered to police
 NSWCCA 199
NPP 1y 2m
Stabbing during argument with flat mate – Momentary rage
Good character – good prospects of rehabilitation – HIV – delay
 NSWCCA 164
During brawl outside nightclub attacked male with knife – slashed to throat requiring immediate surgery – stabbed in chest
Convicted after four trials
 NSWCCA 354
 NSWCCA 368
NPP 3y 6m
 NSWCCA 31
Offered to plead guilty to second offence – convicted as alternative offence at trial for s.33
Assaulted 58y male with metal pole – also struck step son – history of animosity between families – element of provocation
 NSWCCA 68
Hit ex de facto with bottle of rum and beer – kicked side of face
Significant substance abuse – broken home
 NSWCCA 127
NPP 4y 6m
 NSWCCA 178
Intervened in argument between two old school friends while drinking at club – Hit victim in eye area with beer glass.
Low objective criminality.
(2008) 183 A Crim R 526
Asked to leave wedding reception – smashed bottle of vodka across face of V – serious injuries
Good character – intoxicated – genuine remorse
 NSWCCA 282
(trial for s.33)
Hit victim in face with glass at pub – rivalry over female acquaintance – high end objective seriousness.
Continued disregard for the law – number of previous offences involving glass as weapon.
 NSWCCA 307
Hit victim in face at theatre show at club after becoming irritated at victim talking.
SJ erroneously found intent to cause harm.
 NSWCCA 336
NPP 3y 10m
Stabbed victim in arm and abdomen following argument at restaurant - offence not at upper end of range.
Mental illness – schizophrenia.
 NSWCCA 73
 NSWCCA 18
NPP 4y 1m 16d
 NSWCCA 145
Punched victim (cousin's partner) 4 times after victim had assaulted A's cousin – victim fell backwards - suffered brain swelling, haemorrhage, loss of taste and smell – unprovoked assault.
Strong family ties – hard worker – supportive family – good rehabilitation.
(38 – 50)
 NSWCCA 213
(2003) – absconded after pleading guilty – unprovoked punch to head of stranger outside hotel at night causing fractured jaw
No reduction for delay but took into account evidence of rehabilitation – daughter with medical condition
s.35(2) Crimes Act 1900 (NSW)
Maximum penalty – 10 years
Note: On 27.9.2007 this section was amended to read reckless wounding and reckless GBH. The maximum penalty for reckless GBH in company was increased to 14 years. New tables have been commenced for offences dealt with under the newly recast section (ie offences committed subsequent to the amendments)
 NSWCCA 268
Mal damage MV
18m – suspended
Priors – breached conditional liberty
Priors including agg robbery – breached conditional liberty
Attacked older man using wheel brace and screwdrivers – stabbed with screwdriver - intoxicated
Evidence of rehabilitation
 NSWCCA 366
Co-offender - PAN
(toward top of range)
Female assaulted male acquaintance at bus stop – argument over money owed to offender's de facto partner – purchased knife and returned - Victim injured by knife in continued struggle with offender and de facto
Vietnamese with tragic history
 NSWCCA 114
 NSWCCA 183
Ejected from nightclub – returned in group and threatened security guards with pistol – one guard shot in leg during struggle - intoxicated
Out of character – genuine remorse
 NSWCCA 363
Attended residence of ex partner in company with two others – with one offender assaulted male occupant with metal chair and pole – serious injuries
Delay – offence out of character – some mental issues at time of offence
(2006) 167 A Crim R 241
Priors including violence
R told by girlfriend she had been sexually harassed by Victim night before – attended Victim's house and punched him to face – pursued Victim armed with knife – both R and M punched, kicked and assaulted Victim with cricket bat – threatened with knife – injuries at low end of scale – intoxicated – degree of planning
R – instigator – remorse – good prospects of rehabilitation
M – record suggests resorts to violence
 NSWCCA 410
Unprovoked stabbing of stranger outside house – four wounds – wasted on drugs and alcohol – in company of friend who was unaware of offence – spontaneous offence caused by intoxicated paranoia
Difficult childhood – sever physiological problems – drug and alcohol abuse – remorse – evidence of rehabilitation
 NSWCCA 100
 NSWCCA 304
No prior custody