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
woundings.35(b) Crimes Act 1900 (NSW): maliciously inflict
GBHMaximum penalty - 7 yearsNote: 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
MT 23mAT 8m
Unprovoked attack on nursing sister alone in hospital in early morning. Wound
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.
500h CSO(+ 2m PSC)
Crown AA12 PD(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 3yAT 1y
significant including violence and dishonesty
Intoxicated - disturbed group fishing. Stabbed complainant in back.
MT 1y 10mAT 5 1/2m(50% discount for assistance)
lengthy but no violence
Argument with female complainant in car park. Struck C over head, causing
immediate epileptic fit and cognitive impairment. On methadone which made him
snap. Married with three children. Personality problem.
Crown AAMT 6mAT 1y
Kicked friend in head as he intervened in violent argument between A and
girlfriend. Severe permanent brain damage.Intoxicated. Good rehabilitation.
7 x s.35(b)
MT 1yAT 3y
Crown AAMT 2yAT 4y
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.
MT 6mAT 1y
Crown AAMT 1yAT 1y
extensive including traffic and assault
While drunk drove car into group of people at party. Serious
injuries.Alcohol problem. Post traumatic stress disorder. Brother
handicapped, mother's health poor.
MT 6mAT 1y 6m
Crown AAMT 1yAT 1y 6m
Shook 2y old baby of de facto. Very serious, probably permanent
injuries.Medical condition. Much of sentence on protection.
MT 9mAT 3m
violenceon bond and CSO
Elbowed Complainant in face as he was running to try line in rugby league
game. Fractured jaw.
MT 18mAT 2y 6m
Crown AAMT 3yAT 2y
During family dispute fired gun at son. Paraplegic. Forced another son to
take the blame (sentenced to bond). On previous occasions had threatened family
with gun. Ten year delay before truth came out.
MT 2yAT 8m
long record, two offences for violence.
Staying with female Complainant for several weeks. After drinking with C and
friend C and friend in intimate position. Physically assaulted C. Next day
returned and forced V and young son into car. C escaped at petrol station.
MT 4yAT 16m
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.
MT 18mAT 12m
one minor offence
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.
Crown AA12m PD
Punched 3y son in stomach forcing him against wall and causing injury to
bowel and spine. Life-threatening injuries.Good subjectives.
Crown AAMT 6mAT 12m
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
Kurtic(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
Driving altercation resulted in stabbing. Provocation. Genuine apprehension
for safety because of earlier similar incident.Strong subjective factors.
Crown AA3y PD
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.
Crown ADInadequate 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
Assaulted 19m child of de facto causing permanent brain damage and damage to
ADhigh but in range
Found Complainant A's car. During argument punched, stomped and kicked C in
the face many times. Intoxicated. Out of character.
VG -at trial attpt murder
MT 13mAT 21m(+8m PSC)
Domestic dispute with wife. Multiple stab wounds. Not pre-meditated. In state
MT 2y 6mAT 10m
With co-offender assaulted Complainant when he answered door to home. Smashed
implement in C's face, then attacked him with coffee table. Used smashed pieces
of coffee table to continue assault.
MT 8mAT 8mMT 10mAT 6m
AVOMinor, two assaults
Father and Son assaulted neighbour late one night in front yard - C did not
approve of relationship between daughter and KW - Breached AVO - Assault
initiated by KW - fractured cheek.
MT 2y 3mAT 9mMT 2y 3mAT 9m
AAMT 1y 9mAT 7mAD
assault and water pipe
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.
MT 15mAT 15m
Altercation between two boys broken up by Complainant. Blows exchanged
between C and one boy's father. C stabbed number of times in leg, hand,
abdominal region and neck. Jury rejected self defence.
MT 21mAT 16m(reduced for assistance)
ADsentence 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
MT 12mAT 3y
Kicked publican in face as he was removing A's de facto wife from hotel.
MT 2yAT 18m
previous assaults on victimon probation and recog
Beat de facto when she tried to leave him - hit numerous times around legs
and arms as she protected head.Aboriginal.
MT 1y 9mAT 7m
Involved in scuffles in hotel. Went home then returned with knife. Further
confrontations - stabbed C several times in arm.
MT 3yAT 2y
AAMT 2yAT 18m
Struck 21m child in head and applied hot steam iron to abdomen and leg.
Annoyed at crying. Burns first and second degree. Unpremeditated.
MT 9mAT 9m
Left club with intention to fight - instigated fight with Complainant who was
punched and kicked - serious head injuries.
Crown AAMT 12mAT 12m
alcohol related offences
Ejected from club and altercation ensued - friend tried to restrain A and
stabbed twice in chest. Lung collapsed.Alcohol problems. Good prospects of
MT 2y 8mAT 8m
AAMT 18mAT 6m
Accused Complainant of affair with wife and assaulted with baseball bat 20
times. Fractured limbs.
MT 2yAT 3y
extensive: dishonesty, driving, assaults
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.
FT 9m(cumulative to existing sentence)
Crown AAMT 1y 6mAT 1y(cumulative to existing sentence)
violence, including ARon 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.
on recog for AOABH
Attacked Complainant with iron bar when he answered the back door of his
house. Head wounds. Claimed C had molested friend's 13y step daughter.
MT 2y 6mAT 18m
considerable including 2 x mansl
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 12mAT 3m
Complainant attended home of co-offender demanding payment of debt. Arranged
for A and others to be present when C returned. C attacked by four persons, A
MT 1y 355dAT 1y 10d
ten counts of assault
Attack on bouncer who removed A from hotel. C stabbed in lower abdomen and
under armpit, punched and grabbed by throat.
MT 18mAT 18m
serious driving offences
Brawl involving 30-40 people. Police officer struck in face with wood. Broken
nose and loss of sense of smell.
MT 3y 9mAT 1y 3m
AAMT 3yAT 1y
Cut throat of friend's girlfriend while driving - external jugular vein
severed. Intoxicated. Acted 'wantonly'.
MT 15mAT 21m
2 x assault on recog and bail
Attacked frail male in his bed. No motive. Intoxicated.Tragic background.
MT 15mAT 5m
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.
MT 12mAT 12m
punching and kicking
nil violence but gaol for other offences, mostly cars
Arguing with female in caravan park. Male from neighbouring caravan came out
to complain. 'King hit' male, then kicked him in stomach, head and back while on
the ground. Fractured jaw and chipped teeth. Self defence rejected.
s.35(a)Sched:2 x AOABH2 x assault
MT 2yAT 1y 6m(1m PSC)
assault and golf stick
Intoxicated - became aggressive and abusive to students on beach - without
provocation head butted and punched two student - kneed third student in groin,
struck him around head and body with golf stick, chased him and pushed broken
stick into stomach causing lacerations to hands - struck fourth with golf stick.
Campbell(20)NSW CCA 12.4.1999
s.35(b)Sched:Drive unreg MVDrive unins MV
MT 1yAT 2y
AAMT 2m 25dAT 18m
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
Greiss(36)NSW CCA 11.8.1999
Crown AA2y 6mPD
Assaulted motorist during argument about U-turn - Head butted and punched
complainant then stabbed with small screwdriverGenuine`` remorse - Delay -
Care for mother
King(22)NSW CCA 18.8.1999
Total effective sentence:MT 3y 9mAT 6m
AATotal effective sentence:MT 3yAT 15m
Violence and assault - breached bond and parole
First offence committed during riot - Hit male complainant with bottle once -
Subsequent ongoing conflict and confrontation - 16m later threw house brick and
complainant and friends - Struck one male causing serious head injuries
CoxNSW CCA 20.8.1999
MT 12mAT 2y 6m
Dysfunctional platonic relationship with complainant characterised by mutual
violence - Serious alcohol problems - While intoxicated stabbed complainant in
stomachPsychological problems - Troubled background
France(19)NSW CCA 29.10.1999
MT 2y 6mAT 2y 6m
AAMT 1y 9mAT 1y 9m
long record but no gaol.
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.
Kama(17)(2000) 110 A Crim R 47
MT 9mAT 18mPD
Crown AAMT 2yAT 1yPD
punching and stomping on head
Viciously assaulted male significantly smaller in size. Attack continued
after Complainant defenceless on ground. Permanent brain damage.Youth and
previous good character.
Toomalati(28)NSW CCA 22.3.2000
Crown AD(Truly exceptional case)
Assault and stabbing
three convictions for assault - on recog at time of offence
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.
TowersNSW SC Grove J18.5.2000
3y GBB(10mths PSC)
piece of glass
on recog for assault at time of offence
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.
Acc. to s.35(b)s.35(b)
16mNPP 12m(+ 52d PSC)12m PD
Crown ADCrown AD
Assisted perpetrator in serious assault on complainant for payment. GM
involved in planning and negotiating - GW drove assailant to and from scene of
offence but not present during offence. Did not intend or expect severity of
assault (loss of eye and brain damage).
Berry(31)NSW CCA 7.11.2000
2y 6mNPP 6mPD
Crown AA18mNPP 9m
no prior criminal or traffic convictions
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.
Scott(28)NSW CCA 8.12.2000
4y 4mNPP 2y 6m
Attacked female flatmate with knife around head and neck. Resisted attempts
of other flatmates to pull him of victim.Out of character.
Carpenter(52)NSW CCA 21.3.2001
4y 10mNPP 2y 10m
Stabbed stranger in stomach on street - no provocation - intoxicated.
Piccin(42)NSW CCA (No 2) 30.8.2001
Stabbed teenage ex-boyfriend when he broke off relationship was
over.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.
Sloane(29)(2001) 126 A Crim R 188
s.35(b)Sched:2 x assault
2y 11mNPP 2yPD(+65d PSC)
Crown ADSentence 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.
SmithNSW CCA 15.10.2001
s.35(b)Sched: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.
Sako(25)NSW CCA 23.10.2001
VG - at trial for s.33
5yNPP 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 - became involved after fatal
stabbing when heard bother had been stabbed.Iraqi.
Bett(20)NSW CCA 23.10.2001
Crown AA3yNPP 2y 3mPD
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.
Reid(27)NSWSC Bell J16.11.2001
3y 3mNPP 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
Guivarra(30)NSW CCA 5.3.2002
FT 2y suspended
golf club and knife
Assaulted lover of former girlfriend. Complainant hit with golf club and
stabbed in abdomen.
Galati(21)NSW CCA 4.9.2002
s.35(b)Sched:2 x possess prohibited drugs
Assaulted stranger outside hotel - Unprovoked - Karate kick to head - Serious
consequencesVoluntarily surrendered next day - Genuine remorse - Evidence of
rehabilitation - Lengthy delay
Brownlow(24)NSW CCA 3.10.2002
2 x s.35(a)
Crown AA2y 11mNPP 11m
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
recklessDifficult personal history resulting in early drug abuse - Less than
average intelligence - Evidence of rehabilitation
Mendez(23)NSW CCA 8.10.2002
4yNPP 2y 3m
assault with heavy object
Violence - bail
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 faceViolent and difficult childhood - Need for psychiatric
C TranH Tran(2002) 134 A Crim R 577
Drove past complainant's home - Shot at the C and another male as they sat
outside their home - revenge for being shot at by C.
McKay(37)NSW CCA 19.2.2003
2 x assault police
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 hospitalUpset by
recent death of father - Genuine remorse - Conduct unusual
Morrison(22)NSW CCA 25.3.2003
s.35(b)Sched:Mal damage to property
5yNPP 3y 4m
assaults - breached bond and requirement to stay away from hotel
Assaulted Complainant outside hotel - elbowed in face - kicked while
unconscious on ground several times - head butted glass window of shop - serious
brain damageUnfortunate and neglected childhood - sexually abused
Takau(22)NSW CCA 20.6.2003
4yNPP 2y 9m
Prior convictions - no full time prison
With group of males punched male acquaintance to ground - stomped on face 6-7
timesIntoxicated - evidence of good character
DSW(16)NSW CCA 5.11.2003
4yNPP 2y 6m
Assault - breached bond
Assaulted male in street - Deliberately and forcefully jumped on head more
than twice - Caused serious impairmentAcquitted at trial of more serious
offence - Offer to plea guilty rejected by CrownTroublesome history of
violence - Aboriginal - Intoxicated - Abuse of alcohol and drugs - No remorse
Mako(25)NSW CCA 7.4.2004
AA (technical ground only)3yNPP 2y
Cut throat of brother's girlfriend after argument with brother.
Westerman(27)NSW CCA 17.5.2004
Dishonesty and driving - no violence
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
incidentsNot worst case
TR(16)NSW CCA 1.7.2004
3y 6mNPP 1y 8m
Group assault on male complainant - Used heavy chain - C kicked, punched and
head stomped - Serious injuries - Reaction to racial slurDysfunctional and
abusive childhood - Psychological problems - Evidence of rehabilitation - Delay
DavisNSW CCA 12.8.2004
2 x s.35(b)
4y 8mNPP 4y
AA4y 7mNPP 3y 5m
Lengthy, inc traffic and violence
First offence resulted in very serious injuries, probably permanent -
Totality - Few factsAboriginal - Very limited prospect for rehabilitation
2y 6mNPP 1y 4m
Punching and chair leg
Two previous assaults
Fight with girlfriend's ex-partner - Fight initiated by victim - Victim
3yNPP 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 brainStudying - marijuana - schizophrenia
Became involved in assault on 16y female - Co-offender used knife - Least
AA2yNPP 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 sceneGood character and employment
- no current drug problems - stable relationship - above average intelligence
Mauri(38)NSW CCA 4.8.2005
Record for violence - no impris - breached bond
During argument in hotel struck male stranger in face with glass - glass
broke - element of provocation and self defence - did not consciously use
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 interveneAverage
intelligence - finished high school and child care course - no drug issues
OtwayNSW CCA 19.10.2005
2y 4mNPP 1y 9m
AA2y 4mNPP 1y 4m 23d(immed release)
Mostly drug offences
During argument with male acquaintance on street punched complainant in face
and stabbed in stomach with knife - voluntarily surrendered to policeDrug
MorrisNSW CCA 23.6.2006
3yNPP 1y 8m
AA2y 3mNPP 1y 2m
Stabbing during argument with flat mate - Momentary rageGood character -
good prospects of rehabilitation - HIV - delay
IlioskiNSW CCA 10.7.2006
4y 6mNPP 2y 6m
During brawl outside nightclub attacked male with knife - slashed to throat
requiring immediate surgery - stabbed in chestConvicted after four trials
Kanengele-Yondjo(39)NSW CCA 16.11.2006
2 x s.35(1)(b)
Congolese male infected two women with HIV during intercourse - Aware of
medical condition but failed to warn either partner - worst case
O'sullivan(33)NSW CCA 27.11.2006
4y 8mNPP 3y 6m
Priors for violence - breached bond
Prolonged and unprovoked attack on fellow resident in boarding house -
serious brain injuries
Douglas(29)NSW CCA 14.2.2007
Crown AA20mNPP 12mPD
Assaults - breached CSO
Offered to plead guilty to second offence - convicted as alternative offence
at trial for s.33Assaulted 58y male with metal pole - also struck step son -
history of animosity between families - element of provocation
Andrews(34)NSW CCA 16.3.2007
2y 3mNPP 20m
Violence and dishonesty - previously assaulted victim
Hit ex de facto with bottle of rum and beer - kicked side of
faceSignificant substance abuse - broken home
Morris(39)NSW CCA 17.5.2007
7yNPP 4y 6m
AA5yNPP 3y 6m
Extensive - including violence - breached parole
Attacked male stopped on street at night to be sick - stabbed with knife
several times - injuries not serious
Davies(28)NSW CCA 29.6.2007
On recog for High range PCA
Intervened in argument between two old school friends while drinking at club
- Hit victim in eye area with beer glass.Low objective criminality.
Nowak(21)NSW CCA 21.4.2008
Bottle of vodka
Asked to leave wedding reception - smashed bottle of vodka across face of
complainant - serious injuriesGood character - intoxicated - genuine remorse
WrightNSW CCA 15.12.2008
VG(trial for s.33)
Number of similar offences. On bail.
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.
Sayin(41)NSW CCA 16.12.2008
AA3y 9mNPP 2y 3m
Hit victim in face at theatre show at club after becoming irritated at victim
talking.SJ erroneously found intent to cause harm.
Zahoros(64)NSW CCA 22.12.2008
5y 2mNPP 3y 10m
AA4yNPP 2y 9m
Stabbed victim in arm and abdomen following argument at restaurant - offence
not at upper end of range.Mental illness - schizophrenia.
WilsonNSW CCA 23.3.2009
2y 3mNPP 12mPeriodic Detention
Hit victim in face with beer glass while intoxicated at club.
Cryer NSW CCA  10.2.2010
5y 6m NPP 4y 1m 16d
victim twice in head after victim made threat to A – victim fell
backwards and suffered very serious brain injury.
Mitchell (29) NSW CCA  12.7.2010
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.